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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
|||| 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 ofa motor vehicle, as "actual19 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 physicallypossess 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.
|||| 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