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H0631aa....................................................by STATE AFFAIRS
ALCOHOL POSSESSION - Amends existing law relating to alcoholic beverages to
provide a further definition of possession of alcohol by a person under
twenty-one years of age to govern possession without regard to
determination of the place of consumption.
02/18 House intro - 1st rdg - to printing
02/21 Rpt prt - to St Aff
02/23 Rpt out - to Gen Ord
02/29 Rpt out amen - to engros
03/01 Rpt engros - 1st rdg - to 2nd rdg as amen
03/02 2nd rdg - to 3rd rdg as amen
03/07 3rd rdg as amen - PASSED - 62-0-8
AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter,
Black, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Clark,
Crow, Cuddy, Deal, Denney, Field(13), Field(20), Gagner, Gould,
Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet,
Judd, Kellogg, Kendell, Kunz, Lake, Linford, Loertscher, Mader,
Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce,
Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman,
Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Trail,
Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Ellsworth, Geddes, Jones, Kempton, Pischner,
Tilman, Wheeler, Wood
Floor Sponsor - Hornbeck
Title apvd - to Senate
03/08 Senate intro - 1st rdg as amen - to St Aff
03/20 Rpt out - rec d/p - to 2nd rdg as amen
03/21 2nd rdg - to 3rd rdg as amen
03/31 3rd rdg as amen - PASSED - 28-3-4
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Hawkins,
Ingram, Keough, King-Barrutia, Lee, McLaughlin, Parry, Richardson,
Risch, Sandy, Schroeder, Stegner, Thorne, Wheeler, Williams
NAYS--Riggs, Stennett, Whitworth
Absent and excused--Geddes, Ipsen, Noh, Sorensen
Floor Sponsor - Keough
Title apvd - to House
04/03 To enrol
04/04 Rpt enrol - Sp signed - Pres signed
04/05 To Governor
04/14 Governor signed
Session Law Chapter 334
Effective: 07/01/00
H0631
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 631, As Amended
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO VIOLATIONS OF LAWS GOVERNING ALCOHOLIC BEVERAGES; AMENDING SECTION
3 23-949, IDAHO CODE, TO PROVIDE FURTHER DEFINITION OF POSSESSION OF ALCOHOL
4 BY A PERSON UNDER TWENTY-ONE YEARS OF AGE.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 23-949, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 23-949. PERSONS NOT ALLOWED TO PURCHASE, POSSESS, SERVE, DISPENSE, OR
9 CONSUME BEER, WINE OR OTHER ALCOHOLIC LIQUOR. It is unlawful for aAny person
10 under the age of twenty-one (21) years who shall to purchase, attempt to pur-
11 chase, possess, serve, dispense, or consume beer, wine or other alcoholic
12 liquor; shall be guilty of a misdemeanor punishable according to the schedule
13 set out in section 18-1502, Idaho Code; provided, however, that any person who
14 is nineteen (19) years of age or older may sell, serve, possess and dispense
15 liquor, beer or wine in the course of his employment in any place as defined
16 in section 23-942, Idaho Code, or other place where liquor, beer or wine are
17 lawfully present so long as such place is the place of employment for such
18 person under twenty-one (21) years of age.
19 For purposes of this section, a person shall also be deemed to "possess"
20 alcohol that has been consumed by the person, without regard to the place of
21 consumption.
22 Any person violating the provisions of this section shall be guilty of a
23 misdemeanor punishable in accordance with the schedule set forth in section
24 18-1502, Idaho Code.
AH0631
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
Moved by Callister
Seconded by Hornbeck
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 631
1 AMENDMENT TO SECTION 1
2 On page 1 of the printed bill, in line 21, delete "," and the remainder
3 of the line, delete all of line 22, and insert: ".".
Moved by Hornbeck
Seconded by Campbell
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 631
4 AMENDMENT TO SECTION 1
5 On page 1 of the printed bill, in line 19, following "shall" insert:
6 "also".
STATEMENT OF PURPOSE
RS09967
A person shall be deemed to "possess" alcohol that has been consumed by the
person, without regard to the place of consumption, if at the time of alleged
offense the person exhibits one or more physical manifestations of recent alcohol
consumption. Violations of this section shall be guilty of a misdemeanor.
FISCAL NOTE
None.
CONTACT: Rep. Twila Hornbeck
(208) 322-1000
STATEMENT OF PURPOSE/ FISCAL NOTE H 631