NAYS--Boatright,
Cameron, Crow, Danielson, Hawkins, Keough, Riggs,
Schroeder, Sorensen, Stegner, Stennett,
Wheeler, Whitworth
Absent and excused--King-Barrutia, McLaughlin
(good guys)
Floor Sponsor - Richardson
Title apvd - to House
HOUSE VOTE
04/03
The question being, "Shall S 1380, as amended, pass?"
Roll call resulted as follows:
AYES -- Barraclough(Barraclough), Barrett,
Bell, Black, Boe, Bruneel, Chase, Cheirrett, Cuddy,
Deal, Ellsworth, Field(13), Field(20), Gagner, Geddes, Hadley, Hammond,
Hansen(23),
Hansen(29), Henbest, Jaquet, Jones, Judd, Kempton, Kunz, Lake, Mader,
Marley, Montgomery,
Moss, Moyle, Pomeroy, Reynolds, Ringo, Robison, Sali, Sellman, Shepherd,
Smith, Smylie,
Stevenson, Stoicheff, Trail, Zimmermann. Total -- 44. (voted
for it because of the $8 million, or infraction for passengers)
NAYS -- Alltus, Bieter, Campbell, Crow,
Denney, Gould, Hornbeck, Kellogg, Kendell,
Loertscher(Loertscher), McKague, Meyer (good
guys)
THIS IS NOW IN THE HOUSE JUDICIARY AND RULES COMMITTEE
03/10 House intro - 1st rdg
as amen - to Jud
Money is the reason we are now amending this
law
States that do not have the provisions
set forth in this legislation, by October 1,
2000, will be subject
to the transfer of highway construction funds to the Section
402 highway safety
or state Hazard Elimination
programs, beginning in FFY
2001. The approximate amounts transferred
in Idaho would be as follows:
FFY 2001 - $2,016,750
FFY 2002 - $2,053,830
FFY 2003 - $4,211,190 (based on FHWA
apportionment tables of 6/4/98)
TOTAL -
$8,281,770*
OLD LAW
CHAPTER 5
PERMITS AND LICENSES
23-505. TRANSPORTATION OF ALCOHOLIC BEVERAGES. Alcoholic
liquor lawfully
purchased may be transported, but no person
shall break open, or allow
to
be broken or opened any
container of alcoholic liquor, or drink,
or use, or
allow to be drunk, or used any alcoholic
liquor therein while the same is
being transported.
(this paragraph is missing a penalty for non-compliance)
No person in actual physical control
of a motor vehicle, as "actual
physical control" is defined in section 18-8004, Idaho Code, may
drink or
physically possess any open beverage containing alcoholic liquor, as
defined in section 23-105, Idaho Code, beer as defined in section 23-1001,
Idaho Code, or wine as defined in section 23-1303, Idaho Code.
Violation
of this section is a misdemeanor.
(this penalty has been interpreted to apply to drivers
only)
The real fix is to change the word "section" to "act," making the penalty include both passangers and drivers, and all people in all vehicles. Or to adopt the #2 paragraph as amended, and drop the "Mel Richardson amendment" from the first paragraph. The reasoning given to the MADD group for the "Mel Richardson amendment" is 'to allow caterers to carry open bottles home after they have catered an event. Caterers don't use party leftover booze for the next party, because of the contamination issue. Clients like to have new bottles for their parties. "What gets open, you pay for."
Note... the "Mel Richardson amendment"
is directly contradictory to the first part of the bill that states..."no
person shall break open, or allow
to
be broken or opened any
container of alcoholic liquor, or drink,
or use, or
allow to be drunk, or used
any alcoholic liquor therein while the same
is
being transported."
The sole purpose of the "Mel Richardson amendment"
must be to avoid having the Highway funds transfered, because it makes
no sence in the context of the first part of the bill.
New Bill Text
S1380
||||
LEGISLATURE OF THE STATE OF IDAHO
||||
Fifty-fifth Legislature
Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1380, As Amended
BY JUDICIARY AND RULES COMMITTEE
1
AN ACT
2 RELATING TO TRANSPORTATION OF ALCOHOLIC
BEVERAGES; AMENDING SECTION 23-505,
3 IDAHO CODE,
TO PROHIBIT ANY PERSON IN A MOTOR VEHICLE ON A PUBLIC HIGHWAY
4 OR THE RIGHT-OF-WAY
OF A PUBLIC HIGHWAY FROM DRINKING ALCOHOLIC BEVERAGES
5 OR HAVING
POSSESSION OF OPEN BEVERAGES CONTAINING ALCOHOLIC LIQUOR, BEER
6 OR WINE, TO
PROVIDE EXCEPTIONS AND TO PROVIDE PENALTIES; AND PROVIDING
AN
7 EFFECTIVE DATE.
8 Be It Enacted by the Legislature of the
State of Idaho:
9 SECTION 1.
That Section 23-505, Idaho Code, be, and the same is hereby
10 amended to read as follows:
THE NEW BILL IS IN RED, AND THE BLUE IS WHAT WAS OMITTED. THE UNDERLINED
RED IS WHAT WAS ADDED.
11 23-505. TRANSPORTATION
OF ALCOHOLIC BEVERAGES. (1)
Alcoholic liquor
12 lawfully purchased
may be transported, but no person shall break open, or allow
13 to be broken or opened
any container of alcoholic liquor, or drink, or use, or
14 allow to
be drunk, or used any alcoholic liquor therein while
the same is
15 being transported.
Provided however, that an unsealed alcoholic
beverage con-
16 tainer may
be transported in an enclosed trunk compartment or behind the last
17 upright seat of
a vehicle which has no trunk compartment. (Mel
Richardson amendment)
18 (2)
No person in actual physical control of (gone)
a motor vehicle, as
"actual
19 physical control"
is defined in section 18-8004, Idaho Code, (gone) while
the vehicle
20 is on
a public highway or the right-of-way of a public highway
may drink or
21 physically(gone)
possess any open beverage containing alcoholic liquor,
as defined
22 in section 23-105,
Idaho Code, beer as defined in section 23-1001, Idaho Code,
23 or wine
as defined in section 23-1303, Idaho Code, unless
such person is a
24 passenger in the
passenger area of a motor vehicle designed, maintained,
or
25 used primarily
for the transportation of persons for compensation, or in the
26 living quarters
of a recreational vehicle as that term is defined in section
27 49-119, Idaho
Code. Violation of this section is a misdemeanor
for the indi-
28 vidual in actual
physical control of the vehicle, as defined
in section
29 18-8004,
Idaho Code, and an infraction for other individuals violating
this
30 section.
31 SECTION 2.
This act shall be in full force and effect on and after July
32 1, 2000.
Mel Richardson Amendment
AS1380
||||
LEGISLATURE OF THE STATE OF IDAHO
||||
Fifty-fifth Legislature
Second Regular Session - 2000
The Mel Richardson Amendment
Moved by Richardson
Seconded by Ingram
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1380
1
AMENDMENT TO SECTION 1
2 On page 1 of the
printed bill, in line 15, following
"transported."
3 insert: "Provided
however, that an unsealed alcoholic beverage container may
4 be transported
in an enclosed trunk compartment or behind the last
upright
5 seat of a vehicle
which has no trunk compartment.".
Statement of Purpose / Fiscal Impact
STATEMENT OF PURPOSE
RS09381C1
This legislation would amend Section 23-505,
Idaho Code, to bring Idaho's "Open
Container" law into compliance with federal
code. Federal law prohibits the
possession of any open
alcoholic beverage container, or the consumption of
alcohol, in the passenger
area of any motor vehicle on a public highway or right of
way of any public highway, by either the driver
or passengers of the vehicle.
This prohibition does
not include passengers in the passenger area of a motor
vehicle used for transportation
of persons for compensation, or passengers in the
living quarters of a
recreational vehicle as that term is defined in Section 49-119,
Idaho Code. Idaho's current law refers to
drivers only, not passengers.
(this statement ignores the
first paragraph of our current bill)
Violation of this section is a misdemeanor for the
individual in actual physical control of the
vehicle, and an infraction for other individuals violating this section.
(This provison for penalty has nothing to do with
the "Mel Richardson amendment")
FISCAL IMPACT
CONTACT
Name: Jo Ann
Moore, Highway Safety Manager
Agency: Idaho Transportation
Department
Phone: 334-8101
STATEMENT OF PURPOSE/FISCAL IMPACT
S 1380
Judiciary, Rules & Administration
Courts, prisons, attorneys,
juvenile justice
Odd days, afternoons, Room 404
332-1127
Celia Gould, Chair
Debbie Field, Vice Chair
Bill Sali
Jim Clark
Julie Ellsworth
Randy Hansen
Bev Montgomery
Sher Sellman
Leon Smith
Todd Hammond
Monty Pearce
Tom Moss
June Judd
Wendy Jaquet
Donna Boe