View Bill Status
View Bill Text
View Amendment
View Engrossed Bill (Original Bill with Amendment(s) Incorporated)
View Statement of Purpose / Fiscal Impact
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 - 2004IN 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 TOMINORA 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 afelonymisdemeanor 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 - 2004Moved 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 - 2004IN 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 TOMINORA 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 afelonymisdemeanor 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