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H0140......................................................by STATE AFFAIRS
ALCOHOL BEVERAGES - Amends existing law to authorize the use of credit
cards and debit cards in the purchase of liquor from the state liquor
stores; and to allow debit cards in transactions between licensed retailers
and distributors of beer and wine.
01/29 House intro - 1st rdg - to printing
02/01 Rpt prt - to St Aff
02/26 Rpt out - rec d/p - to 2nd rdg
03/01 2nd rdg - to 3rd rdg
03/03 3rd rdg - PASSED - 55-10-5
AYES -- Alltus, Barraclough, Barrett, Bieter, Black, Boe, Bruneel,
Campbell, Chase, Clark, Cuddy, Deal, Denney, Ellsworth, Field(13),
Gould, Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck,
Jaquet, Jones, Judd, Kempton, Kunz, Lake, Limbaugh, Mader, Marley,
McKague, Meyer, Montgomery, Moyle, Pischner, Pomeroy, Reynolds,
Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Smith, Smylie,
Stoicheff, Stone, Tilman, Trail, Watson, Wheeler, Williams, Wood,
Zimmermann
NAYS -- Bell, Field(20), Geddes, Kendell, Linford, Loertscher,
Mortensen, Stevenson, Taylor, Tippets
Absent and excused -- Callister, Crow, Gagner, Kellogg, Mr Speaker
Floor Sponsor - Clark
Title apvd - to Senate
03/04 Senate intro - 1st rdg - to St Aff
03/11 Rpt out - rec d/p - to 2nd rdg
03/12 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 21-8-6
AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
Danielson, Davis, Deide, Dunklin, Ingram, King, McLaughlin, Noh,
Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Whitworth
NAYS--Darrington, Geddes, Hawkins, Ipsen, Lee, Richardson, Thorne,
Twiggs
Absent and excused--Branch, Frasure, Keough, Parry, Stennett, Wheeler
Floor Sponsor - Riggs
Title apvd - to House
03/17 To enrol
03/18 Rpt enrol - Sp signed - Pres signed
03/19 To Governor
03/23 Governor signed
Session Law Chapter 206
Effective: 07/01/99
H0140|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 140 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO METHODS OF PAYMENT FOR ALCOHOL BEVERAGES; AMENDING SECTION 23-309, 3 IDAHO CODE, TO AUTHORIZE USE OF A CREDIT CARD, ELECTRONIC FUNDS TRANSFER 4 OR DEBIT CARD FOR PURCHASE OF LIQUOR AND TO MAKE TECHNICAL CORRECTIONS; 5 AMENDING SECTION 23-1031, IDAHO CODE, RELATING TO PAYMENT BY LICENSED 6 RETAILERS FOR SALE OR DELIVERY OF BEER, TO AUTHORIZE THE USE OF ELECTRONIC 7 FUNDS TRANSFER OR DEBIT CARD AND TO MAKE A TECHNICAL CORRECTION; AND 8 AMENDING SECTION 23-1326, IDAHO CODE, RELATING TO PAYMENT BY A RETAILER 9 FOR WINE, TO AUTHORIZE THE USE OF ELECTRONIC FUNDS TRANSFER OR DEBIT CARD. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 23-309, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 23-309. SALES .TO BE FOR CASH, CHECK OR MONEY ORDER.14No vendor of any state liquor store or special distributor shall sell 15 any alcoholic liquor except for cash, check ,or16 money order , credit card, electronic funds transfer or debit card 17 . In addition, the dispensary shall, under such rulesand regula-18tionsas may be adopted by it, authorize the vendor of a state liquor 19 store or special distributor to accept a check , credit cards, electronic 20 funds transfer or debit card from persons licensed for the retail sale 21 of liquorby-the-drinkby the drink pursuant to 22 chapter 9, title 23, Idaho Code, as payment for purchases from the dispensary. 23 Dishonor of anycheckcredit device given by such 24 person shall constitute grounds for suspension or revocation of such person's 25 license pursuant to section 23-933, Idaho Code, in addition to any other 26 remedy provided by law. 27 SECTION 2. That Section 23-1031, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 23-1031. EXTENSION OF CREDIT. No sale or delivery of beer shall be made 30 to any licensed retailer, except for cash paid at the time of or prior to 31 delivery thereof, and in no event shall any brewer, wholesaler or dealer 32 licensed in the state and engaged in the sale of beer for resale extend any 33 credit on account of such beer to a licensed retailer, nor shall any licensed 34 retailer accept or receive delivery of such beer except when payment therefor 35 is made in cash at the time of or prior to delivery thereof. The acceptance of 36 a first party check from a licensed retailer by a brewer, wholesaler or dealer 37 licensed in the state and engaged in the sale of beer for resale , or the 38 use of electronic funds transfer or debit card by a licensed retailer, 39 shall not be deemed an extension or acceptance of credit hereunder. Any exten- 40 sion or acceptance of credit in violation hereof shall constitute the giving 41 and receiving of aid or assistance to or by a licensed retailer prohibited by 2 1 the provisions of section 23-1033 , Idaho Code . 2 SECTION 3. That Section 23-1326, Idaho Code, be, and the same is hereby 3 amended to read as follows: 4 23-1326. CREDIT SALES TO RETAILERS PROHIBITED. No sale or delivery of 5 wine shall be made to any retailer, except for cash paid at the time of or 6 prior to delivery thereof, and in no event shall any distributor extend any 7 credit on account of such wine to a retailer, nor shall any retailer accept or 8 receive delivery of such wine except when payment therefor is made in cash at 9 the time of or prior to delivery thereof. The acceptance of a first party 10 check from a retailer by a distributor , or the use of electronic funds 11 transfer or debit card by a licensed retailer, shall not be deemed an 12 extension of or acceptance of credit hereunder .if the13first party check is dated with the date of or prior to delivery of the wine14Any extension or acceptance of credit in violation of this sec- 15 tion shall constitute the giving and receiving of aid or assistance to or by a 16 licensed retailer prohibited by the provisions of section 23-1325, Idaho Code 17 .
STATEMENT OF PURPOSE
RS08472
This legislation is a result of the Alcohol Laws Interim Study
Committee and the most recent evaluation by The Division of
Legislative Audits. The State Liquor Dispensary already allows
the use of credit cards at its stores. This legislation will
authorize credit cards, funds transfers and debit cards for use
in purchases from the Dispensary. Additionally, debit cards and
electronic transfers will be authorized for use in purchases by
beer and wine retailers from wholesalers.
FISCAL NOTE
No fiscal impact to the General Fund.
Contact: Rep. Clark, Rep. McKague, and Rep. Watson
Phone#: 332-1000
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 140