2002 Legislation
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HOUSE BILL NO. 622 – Alcohol sold/intoxicted persn/claim

HOUSE BILL NO. 622

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Daily Data Tracking History



H0622................................by JUDICIARY, RULES AND ADMINISTRATION
ALCOHOL - SOLD TO INTOXICATED PERSON - Amends existing law to revise
provisions relating to the notification of claims or causes of action
against persons who sold or furnished alcoholic beverages to intoxicated
persons.
                                                                        
02/12    House intro - 1st rdg - to printing
02/13    Rpt prt - to Jud

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 622
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO ALCOHOLIC BEVERAGES; AMENDING SECTION 23-808, IDAHO CODE, TO  PRO-
  3        VIDE  THAT  A  PERSON MAY, ON ANOTHER PERSON'S BEHALF, NOTIFY BY CERTIFIED
  4        MAIL PERSONS WHO SOLD OR FURNISHED ALCOHOLIC BEVERAGES TO  AN  INTOXICATED
  5        PERSON  OF  A  CLAIM  OR  CAUSE  OF ACTION, TO REVISE TIME LIMITATIONS FOR
  6        NOTIFICATIONS AND TO PROVIDE THAT NOTIFICATIONS SHALL BE DEEMED AS  HAVING
  7        BEEN GIVEN ON THE DATE OF MAILING.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION  1.  That  Section  23-808, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
                                                                        
 11        23-808.  LEGISLATIVE FINDING AND INTENT -- CAUSE OF ACTION. (1) The legis-
 12    lature finds that it is not the furnishing of alcoholic beverages that is  the
 13    proximate  cause  of  injuries  inflicted by intoxicated persons and it is the
 14    intent of the legislature, therefore, to limit dram shop and social host  lia-
 15    bility;  provided, that the legislature finds that the furnishing of alcoholic
 16    beverages may constitute a proximate cause of injuries  inflicted  by  intoxi-
 17    cated persons under the circumstances set forth in subsection (3) of this sec-
 18    tion.
 19        (2)  No  claim  or  cause  of action may be brought by or on behalf of any
 20    person who has suffered injury, death or other damage caused by an intoxicated
 21    person against any person who sold or otherwise furnished alcoholic  beverages
 22    to  the  intoxicated person, except as provided in subsection (3) of this sec-
 23    tion.
 24        (3)  A person who has suffered injury, death or any other damage caused by
 25    an intoxicated person, may bring a claim or cause of action against any person
 26    who sold or otherwise furnished alcoholic beverages to the intoxicated person,
 27    only if:
 28        (a)  The intoxicated person was younger than the legal age  for  the  con-
 29        sumption  of  alcoholic beverages at the time the alcoholic beverages were
 30        sold or furnished and the person who sold or furnished the alcoholic  bev-
 31        erages  knew  or  ought reasonably to have known at the time the alcoholic
 32        beverages were sold or furnished that the intoxicated person  was  younger
 33        than the legal age for consumption of the alcoholic beverages; or
 34        (b)  The  intoxicated  person  was  obviously  intoxicated at the time the
 35        alcoholic beverages were sold or furnished, and the  person  who  sold  or
 36        furnished  the  alcoholic beverages knew or ought reasonably to have known
 37        that the intoxicated person was obviously intoxicated.
 38        (4)  (a) No claim or cause of action pursuant to subsection  (3)  of  this
 39        section shall lie on behalf of the intoxicated person nor on behalf of the
 40        intoxicated person's estate or representatives.
 41        (b)  No  claim  or cause of action pursuant to subsection (3) of this sec-
 42        tion shall lie on behalf of a person who is a passenger in  an  automobile
 43        driven by an intoxicated person nor on behalf of the passenger's estate or
                                                                        
                                           2
                                                                        
  1        representatives.
  2        (5)  No claim or cause of action may be brought under this section against
  3    a person who sold or otherwise furnished alcoholic beverages to an intoxicated
  4    person  unless  the  person  bringing the claim or cause of action, or another
  5    person on their behalf, notified by certified mail  the  person  who  sold  or
  6    otherwise  furnished  alcoholic beverages to the intoxicated person within one
  7    hundred eighty (180) days from either the date the claim or cause   of  action
  8    arose  by  certified  mail or the date the identity and address of such person
  9    became known or reasonably should have been discovered by the claimant, which-
 10    ever is later, that the claim or cause of action would be brought. Such  noti-
 11    fication shall be deemed as having been given on the date of mailing.
 12        (6)  For the purposes of this section, the term "alcoholic beverage" shall
 13    include  alcoholic  liquor  as  defined in section 23-105, Idaho Code, beer as
 14    defined in section 23-1001,  Idaho  Code,  and  wine  as  defined  in  section
 15    23-1303, Idaho Code.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                            RS 11895

	When a person is injured by a drunk driver it is often 
difficult to determine the identity and address of the person who 
served alcohol. Current law requires that the server be notified 
within 180 days that a claim may be brought. This legislation tolls 
that 180 day period during that time when the address and identity 
can not be determined.


                        FISCAL IMPACT


	None.



Contact
Name:	Rep. Gary Young
Phone:	332-1000



STATEMENT OF PURPOSE/FISCAL NOTE		H 622