2005 Legislation
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HOUSE BILL NO. 59 – Wine sales, case lot rqmt deleted

HOUSE BILL NO. 59

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Bill Status



H0059......................................................by STATE AFFAIRS
WINE SALES - Amends existing law relating to the sale of wine to remove the
requirement that a distributor may only sell or deliver wine to a retailer
in case lots.
                                                                        
01/27    House intro - 1st rdg - to printing
01/28    Rpt prt - to St Aff
02/08    Rpt out - rec d/p - to 2nd rdg
02/09    2nd rdg - to 3rd rdg
02/14    3rd rdg - PASSED - 68-1-1
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon,
      Chadderdon, Clark, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson,
      Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews,
      McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini,
      Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
      Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
      Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,
      Wills, Mr. Speaker
      NAYS -- Wood
      Absent and excused -- Collins
    Floor Sponsor - Clark
    Title apvd - to Senate
02/15    Senate intro - 1st rdg - to St Aff
02/18    Rpt out - rec d/p - to 2nd rdg
02/21    2nd rdg - to 3rd rdg
02/24    3rd rdg - PASSED - 30-3-2
      AYES -- Andreason, Brandt, Burkett, Burtenshaw, Cameron, Coiner,
      Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Jorgenson,
      Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee,
      McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet,
      Werk
      NAYS -- Bunderson, Corder, Williams
      Absent and excused -- Broadsword, Noble
    Floor Sponsor - McGee
    Title apvd - to House
02/25    To enrol
02/28    Rpt enrol - Sp signed
03/01    Pres signed - To Governor
03/07    Governor signed
         Session Law Chapter 32
         Effective: 07/01/05

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 59
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE SALE OF WINE; AMENDING SECTION 23-1327, IDAHO CODE, TO  REMOVE
  3        THE  REQUIREMENT  THAT  A  DISTRIBUTOR  MAY ONLY SELL OR DELIVER WINE TO A
  4        RETAILER IN CASE LOTS.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 1.  That Section 23-1327, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
                                                                        
  8        23-1327.  QUANTITY OF SALES OF WINE IN ORIGINAL CONTAINER AND SIZE OF CON-
  9    TAINERS. No distributor shall sell or deliver wine to a retailer of a quantity
 10    less  than  a  case lot. For purposes of this section, a "case lot" shall mean
 11    that quantity of containers of equal size containing wine which are  equal  to
 12    the  smallest unit or quantity of containers of wine received by a distributor
 13    from an importer. Nothing contained in this section shall prohibit a distribu-
 14    tor from mixing brands or types of wine to make up a case lot for purposes  of
 15    sale  or distribution to the retailer. No distributor shall purchase, receive,
 16    or sell any wine except in the original container as prepared for  the  market
 17    by  the  importer  or  manufacturer. No importer or distributor shall, without
 18    permission of the director, adopt or use any container  for  wine  which  that
 19    will contain in excess of one (1) gallon of wine.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 14728

The proposal removes a statutory requirement that wine
distributors may only sell wine in full case lots, made up of
wine containers of equal size.  Although the distributor may mix
brands or types of wine to make up a full case lot, the current
law requires a retailer to purchase wine the retailer may not
want, in order to acquire the wine the retailer wants or needs
for the retailer's business.  This proposal will remove
unnecessary requirement.


                           FISCAL NOTE

There is no fiscal impact on the General Fund.


Contact
Name:  Representative Jim Clark 
Phone: 332-1000



STATEMENT OF PURPOSE/FISCAL NOTE                     H 59