2004 Legislation
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HOUSE BILL NO. 751 – Dispensing alcohol to minors/pnlty

HOUSE BILL NO. 751

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Bill Status



H0751aa....................................................by STATE AFFAIRS
DISPENSING ALCOHOL TO MINORS - Amends existing law to set forth punishment
for persons eighteen years of age or older who dispense alcohol to a person
under twenty-one years of age; and to provide that moneys received pursuant
to fines shall be deposited in the Alcoholism Treatment Fund.
                                                                        
02/23    House intro - 1st rdg - to printing
02/24    Rpt prt - to Jud
03/04    Rpt out - to Gen Ord
03/08    Rpt out amen - to engros
03/09    Rpt engros - 1st rdg - to 2nd rdg as amen
03/10    2nd rdg - to 3rd rdg as amen
    Rls susp - PASSED - 66-1-3
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
      Black, Block, Boe, Bolz, Bradford, Cannon, Clark, Collins, Crow,
      Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet, Jones,
      Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,
      McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,
      Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts, Robison,
      Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,
      Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Wood, Mr. Speaker
      NAYS -- Harwood
      Absent and excused -- Campbell, Trail, Wills
    Floor Sponsor - Jaquet
    Title apvd - to Senate
03/11    Senate intro - 1st rdg - to Jud
03/16    Rpt out - rec d/p - to 2nd rdg
03/17    2nd rdg - to 3rd rdg
03/19    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett(Maxand),
      Burtenshaw, Calabretta, Cameron, Compton, Darrington, Davis, Gannon,
      Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge,
      Malepeai, Marley, McKenzie, McWilliams, Noble, Noh, Pearce,
      Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk,
      Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Burkett(Maxand)
    Title apvd - to House
03/20    To enrol - Rpt enrol - Sp signed - Pres signed
03/22    To Governor
03/23    Governor signed
         Session Law Chapter 192
         Effective: 07/01/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 751
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO ALCOHOLIC BEVERAGES;  AMENDING  SECTION  23-603,  IDAHO  CODE,  TO
  3        REVISE  DESCRIPTIVE  LANGUAGE, TO SET FORTH PUNISHMENT FOR PERSONS WHO ARE
  4        EIGHTEEN YEARS OF AGE OR OLDER WHO DISPENSE ALCOHOL TO PERSONS  UNDER  THE
  5        AGE  OF  TWENTY-ONE YEARS, AND TO PROVIDE THAT MONEYS RECEIVED PURSUANT TO
  6        FINES SHALL BE DEPOSITED IN THE ALCOHOLISM TREATMENT FUND WITH A  PRIORITY
  7        OF FUNDING TO GO TO COMMUNITY-BASED TREATMENTS IN JAIL SETTINGS.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION  1.  That  Section  23-603, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
                                                                        
 11        23-603.  DISPENSING TO MINOR A PERSON UNDER THE AGE OF  TWENTY-ONE  YEARS.
 12    Any person who is eighteen (18) years of age or older who shall sell, give, or
 13    furnish, or cause to be sold, given, or furnished, alcohol beverage, including
 14    any  distilled  spirits, beer or wine, to a person under the age of twenty-one
 15    (21) years shall be guilty of a misdemeanor and upon conviction thereof  shall
 16    be  punished  by  a fine of not less than five hundred dollars ($500) nor more
 17    than one thousand dollars ($1,000) per violation, which amount  shall  not  be
 18    reduced or suspended by the court, or by imprisonment in the county jail for a
 19    period  not  to  exceed one (1) year, or by both such fine and imprisonment. A
 20    second or subsequent violation of this section by  the  same  defendant  shall
 21    constitute  a  felony  misdemeanor  and  upon conviction thereof the defendant
 22    shall be punished by a fine of not less than one thousand dollars ($1,000) nor
 23    more than two thousand dollars ($2,000) per violation, which amount shall  not
 24    be reduced or suspended by the court, or imprisonment in the county jail for a
 25    period not to exceed one (1) year, or by both such fine and imprisonment. Not-
 26    withstanding  the  provisions  of section 19-4705, Idaho Code, moneys received
 27    pursuant to such fines shall be deposited in the alcoholism treatment fund, as
 28    created in section 23-404, Idaho Code, and priority of  such  moneys  received
 29    shall be given to community-based treatments in jail settings. Upon conviction
 30    of  any  person  for  a violation of the provisions of this section, the court
 31    shall notify the director of the Idaho state police. The director shall review
 32    the circumstances of the conviction, and if the dispensing  took  place  at  a
 33    licensed establishment or other retailer or distributor, the director may take
 34    administrative  action  he considers appropriate against the licensee or busi-
 35    ness including suspension of the license for not to exceed six (6)  months,  a
 36    fine, or both such suspension and fine.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                                     Moved by    Jaquet              
                                                                        
                                                     Seconded by Smith (24)          
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO H.B. NO. 751
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 1 of the printed bill, in line  15,  delete  "shall"  and  insert:
  3    "may";  in  line  17,  delete  "which amount shall not be"; in line 18, delete
  4    "reduced or suspended by the court,"; in line 23, delete "which  amount  shall
  5    not";  in  line 24, delete "be reduced or suspended by the court,"; and delete
  6    lines 28 and 29 and insert: "created in section 23-404, Idaho Code. Upon  con-
  7    viction".
                                                                        
  8                                 CORRECTIONS TO TITLE
  9        On page 1, in line 6, delete "WITH A PRIORITY" and insert: "."; and delete
 10    line 7.

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 751, As Amended
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO ALCOHOLIC BEVERAGES;  AMENDING  SECTION  23-603,  IDAHO  CODE,  TO
  3        REVISE  DESCRIPTIVE  LANGUAGE, TO SET FORTH PUNISHMENT FOR PERSONS WHO ARE
  4        EIGHTEEN YEARS OF AGE OR OLDER WHO DISPENSE ALCOHOL TO PERSONS  UNDER  THE
  5        AGE  OF  TWENTY-ONE YEARS, AND TO PROVIDE THAT MONEYS RECEIVED PURSUANT TO
  6        FINES SHALL BE DEPOSITED IN THE ALCOHOLISM TREATMENT FUND.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION 1.  That Section 23-603, Idaho Code, be, and the  same  is  hereby
  9    amended to read as follows:
                                                                        
 10        23-603.  DISPENSING  TO  MINOR A PERSON UNDER THE AGE OF TWENTY-ONE YEARS.
 11    Any person who is eighteen (18) years of age or older who shall sell, give, or
 12    furnish, or cause to be sold, given, or furnished, alcohol beverage, including
 13    any distilled spirits, beer or wine, to a person under the age  of  twenty-one
 14    (21) years shall be guilty of a misdemeanor and upon conviction thereof may be
 15    punished  by a fine of not less than five hundred dollars ($500) nor more than
 16    one thousand dollars ($1,000) per violation,  or by imprisonment in the county
 17    jail for a period not to exceed one (1) year, or by both such fine and impris-
 18    onment. A second or subsequent violation of this section by the same defendant
 19    shall constitute a felony misdemeanor and upon conviction thereof the  defend-
 20    ant shall be punished by a fine of not less than one thousand dollars ($1,000)
 21    nor more than two thousand dollars ($2,000) per violation,  or imprisonment in
 22    the  county jail for a period not to exceed one (1) year, or by both such fine
 23    and imprisonment. Notwithstanding the provisions  of  section  19-4705,  Idaho
 24    Code,  moneys  received pursuant to such fines shall be deposited in the alco-
 25    holism treatment fund, as created in section 23-404, Idaho Code. Upon  convic-
 26    tion  of  any  person  for  a violation of the provisions of this section, the
 27    court shall notify the director of the Idaho state police. The director  shall
 28    review  the  circumstances of the conviction, and if the dispensing took place
 29    at a licensed establishment or other retailer or distributor, the director may
 30    take administrative action he considers appropriate against  the  licensee  or
 31    business including suspension of the license for not to exceed six (6) months,
 32    a fine, or both such suspension and fine.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                            RS 13785C1

     This legislation will amend existing law by creating
enhanced misdemeanor penalties for an offender who unlawfully
provides alcoholic beverage to a person under the age of 21
years.  Fines increase for second or subsequent offense.  The
legislation also removes the current felony penalty allowed on a
second offense.  The monies gathered from the fines imposed upon
a conviction under this section will be deposited into the
alcoholism treatment fund ( section 23-404, Idaho code) with
priority for allocations going to community based treatment to be
delivered in a jail setting.


                          FISCAL IMPACT

     There will be some increase in revenue to the alcoholism
treatment fund.



Contact
Name: Rep. Wendy Jaquet 
Phone: 332-1000


STATEMENT OF PURPOSE/FISCAL NOTE                   H 751