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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
|||| 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
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