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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
]]]] 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.
]]]] 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.
]]]] 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
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