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S1380aa..............................................by JUDICIARY AND RULES
MOTOR VEHICLES - ALCOHOL - Amends existing law to prohibit any person in a
motor vehicle on a public highway or right-of-way of a public highway from
drinking alcoholic beverages or having possession of open beverages
containing alcoholic liquor, beer or wine; to provide penalties; and to
provide exceptions.
02/08 Senate intro - 1st rdg - to printing
02/09 Rpt prt - to Jud
02/17 Rpt out - to 14th Ord
02/23 Rpt out - w/o amen - to 2nd rdg
02/24 2nd rdg - to 3rd rdg
02/28 To 14th Ord
03/01 Rpt out amen - to engros
03/02 Rpt engros - 1st rdg - to 2nd rdg as amen
03/03 2nd rdg - to 3rd rdg as amen
03/09 3rd rdg as amen - PASSED - 20-13-2
AYES--Andreason, Bunderson, Burtenshaw, Darrington, Davis, Deide,
Dunklin, Frasure, Geddes, Ingram, Ipsen, Lee, Noh, Parry, Richardson,
Risch, Sandy, Thorne, Walton/Branch, Williams
NAYS--Boatright, Cameron, Crow, Danielson, Hawkins, Keough, Riggs,
Schroeder, Sorensen, Stegner, Stennett, Wheeler, Whitworth
Absent and excused--King-Barrutia, McLaughlin
Floor Sponsor - Richardson
Title apvd - to House
03/10 House intro - 1st rdg as amen - to Jud
03/22 Rpt out - rec d/p - to 2nd rdg as amen
03/23 2nd rdg - to 3rd rdg as amen
04/03 3rd rdg as amen - PASSED - 44-21-5
AYES -- Barraclough(Barraclough), Barrett, Bell, Black, Boe, Bruneel,
Chase, Cheirrett, Cuddy, Deal, Ellsworth, Field(13), Field(20),
Gagner, Geddes, Hadley, Hammond, Hansen(23), Hansen(29), Henbest,
Jaquet, Jones, Judd, Kempton, Kunz, Lake, Mader, Marley, Montgomery,
Moss, Moyle, Pomeroy, Reynolds, Ringo, Robison, Sali, Sellman,
Shepherd, Smith, Smylie, Stevenson, Stoicheff, Trail, Zimmermann
NAYS -- Alltus, Bieter, Campbell, Crow, Denney, Gould, Hornbeck,
Kellogg, Kendell, Loertscher(Loertscher), McKague, Meyer, Mortensen,
Pearce, Pischner, Ridinger, Schaefer, Stone, Taylor, Tilman, Wood
Absent and excused -- Callister, Clark, Linford, Wheeler, Mr Speaker
Floor Sponsor 0 Smith
Title apvd - to Senate
04/04 To enrol - rpt enrol - Pres signed
04/05 Sp signed
04/06 To Governor
04/12 Governor signed
Session Law Chapter 248
Effective: 07/01/00
S1380
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1380, As Amended
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 ON A PUBLIC HIGHWAY
4 OR THE RIGHT-OF-WAY OF A PUBLIC HIGHWAY FROM DRINKING ALCOHOLIC BEVERAGES
5 OR HAVING POSSESSION OF OPEN BEVERAGES CONTAINING ALCOHOLIC LIQUOR, BEER
6 OR WINE, TO PROVIDE EXCEPTIONS AND TO PROVIDE PENALTIES; AND PROVIDING AN
7 EFFECTIVE DATE.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 23-505, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 23-505. TRANSPORTATION OF ALCOHOLIC BEVERAGES. (1) Alcoholic liquor law-
12 fully purchased may be transported, but no person shall break open, or allow
13 to be broken or opened any container of alcoholic liquor, or drink, or use, or
14 allow to be drunk, or used any alcoholic liquor therein while the same is
15 being transported. Provided however, that an unsealed alcoholic beverage con-
16 tainer may be transported in an enclosed trunk compartment or behind the last
17 upright seat of a vehicle which has no trunk compartment.
18 (2) No person in actual physical control of a motor vehicle, as "actual
19 physical control" is defined in section 18-8004, Idaho Code, while the vehicle
20 is on a public highway or the right-of-way of a public highway may drink or
21 physically possess any open beverage containing alcoholic liquor, as defined
22 in section 23-105, Idaho Code, beer as defined in section 23-1001, Idaho Code,
23 or wine as defined in section 23-1303, Idaho Code, unless such person is a
24 passenger in the passenger area of a motor vehicle designed, maintained, or
25 used primarily for the transportation of persons for compensation, or in the
26 living quarters of a recreational vehicle as that term is defined in section
27 49-119, Idaho Code. Violation of this section is a misdemeanor for the indi-
28 vidual in actual physical control of the vehicle, as defined in section
29 18-8004, Idaho Code, and an infraction for other individuals violating this
30 section.
31 SECTION 2. This act shall be in full force and effect on and after July
32 1, 2000.
AS1380
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
Moved by Richardson
Seconded by Ingram
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1380
1 AMENDMENT TO SECTION 1
2 On page 1 of the printed bill, in line 15, following "transported."
3 insert: "Provided however, that an unsealed alcoholic beverage container may
4 be transported in an enclosed trunk compartment or behind the last upright
5 seat of a vehicle which has no trunk compartment.".
STATEMENT OF PURPOSE
RS09381C1
This legislation would amend Section 23-505, Idaho Code, to bring Idaho's "Open
Container" law into compliance with federal code. Federal law prohibits the
possession of any open alcoholic beverage container, or the consumption of
alcohol, in the passenger area of any motor vehicle on a public highway or right of
way of any public highway, by either the driver or passengers of the 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 Section 49-119,
Idaho Code. Idaho's current law refers to drivers only, not passengers. Violation
of this section is a misdemeanor for the individual in actual physical control of the
vehicle, and an infraction for other individuals violating this section.
FISCAL IMPACT
States that do not have the provisions set forth in this legislation, by October 1,
2000, will be subject to the transfer of highway construction funds to the Section
402 highway safety or state Hazard Elimination programs, beginning in FFY
2001. The approximate amounts transferred in Idaho would be as follows:
FFY 2001 - $2,016,750
FFY 2002 - $2,053,830
FFY 2003 - $4,211,190 (based on FHWA apportionment tables of 6/4/98)
TOTAL - $8,281,770*
CONTACT
Name: Jo Ann Moore, Highway Safety Manager
Agency: Idaho Transportation Department
Phone: 334-8101
STATEMENT OF PURPOSE/FISCAL IMPACT S 1380