Text: HSB00623                          Text: HSB00625
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House Study Bill 624

Bill Text

PAG LIN
  1  1    Section 1.  Section 123.50, subsection 1, Code Supplement
  1  2 1997, is amended to read as follows:
  1  3    1.  Any person who violates any of the provisions of
  1  4 section 123.49, except subsection 2, paragraph "h", shall be
  1  5 guilty of a simple misdemeanor.  A person who violates section
  1  6 123.49, subsection 2, paragraph "h", commits a serious simple
  1  7 misdemeanor punishable by a fine of one thousand five hundred
  1  8 dollars as a scheduled violation under section 805.8,
  1  9 subsection 10, paragraph "a".  If the violation is committed
  1 10 by a person who is employed by a licensee or permittee, the
  1 11 licensee or permittee and the individual shall each be deemed
  1 12 to have committed the violation and shall each be punished as
  1 13 provided in this subsection.
  1 14    Sec. 2.  Section 321.284, Code 1997, is amended to read as
  1 15 follows:
  1 16    321.284  OPEN CONTAINERS IN MOTOR VEHICLES.
  1 17    A person driving a motor vehicle shall not knowingly
  1 18 possess in a motor vehicle upon a public street or highway an
  1 19 open or unsealed bottle, can, jar, or other receptacle
  1 20 containing an alcoholic beverage, wine, or beer with the
  1 21 intent to consume the alcoholic beverage, wine, or beer while
  1 22 the motor vehicle is upon a public street or highway.
  1 23 Evidence that an open or unsealed receptacle containing an
  1 24 alcoholic beverage, wine, or beer was found during an
  1 25 authorized search in the glove compartment, utility
  1 26 compartment, console, front passenger seat, or any unlocked
  1 27 portable device and within the immediate reach of the driver
  1 28 while the motor vehicle is upon a public street or highway is
  1 29 evidence from which the court or jury may infer that the
  1 30 driver intended to consume the alcoholic beverage, wine, or
  1 31 beer while upon the public street or highway if the inference
  1 32 is supported by corroborative evidence.  However, an open or
  1 33 unsealed receptacle containing an alcoholic beverage, wine, or
  1 34 beer may be transported at any time in the trunk of the motor
  1 35 vehicle or in some other area of the interior of the motor
  2  1 vehicle not designed or intended to be occupied by the driver
  2  2 and not readily accessible to the driver while the motor
  2  3 vehicle is in motion.  A person convicted of a violation of
  2  4 this section is guilty of a simple misdemeanor punishable as a
  2  5 scheduled violation under section 805.8, subsection 10,
  2  6 paragraph "c" "b".
  2  7    Sec. 3.  Section 805.8, subsection 10, Code Supplement
  2  8 1997, is amended to read as follows:
  2  9    10.  ALCOHOLIC BEVERAGE VIOLATIONS.
  2 10    a.  For violations of section 123.49, subsection 2,
  2 11 paragraph "h", the scheduled fine is one hundred dollars.
  2 12    b.  For violations of section 321.284, the scheduled fine
  2 13 is fifty dollars.
  2 14    Sec. 4.  Section 805.8, subsection 10, Code Supplement
  2 15 1997, is amended to read as follows:
  2 16    10.  ALCOHOLIC BEVERAGE VIOLATIONS.
  2 17    a.  For violations of section 123.49, subsection 2,
  2 18 paragraph "h", the scheduled fine for a licensee or permittee
  2 19 is one thousand five hundred dollars and the scheduled fine
  2 20 for a person who is employed by a licensee or permittee is
  2 21 five hundred dollars.
  2 22    b.  For violations of section 321.284, the scheduled fine
  2 23 is fifty dollars.
  2 24    Sec. 5.  REPEAL AND EFFECTIVE DATE.
  2 25    1.  Section 3 of this Act is repealed December 31, 1998.
  2 26    2.  Section 4 of this Act takes effect January 1, 1999.  
  2 27                           EXPLANATION
  2 28    This bill makes changes in the fines which must be paid for
  2 29 sale of alcohol to minors.  Currently, the offense is
  2 30 punishable as a serious misdemeanor punishable by a fine of
  2 31 $1,500, which may be imputed to a licensee or permittee if the
  2 32 offense is committed by an employee of the licensee or
  2 33 permittee.  The bill changes the penalty to a simple
  2 34 misdemeanor punishable by a scheduled fine of $100 and removes
  2 35 the language that would impute liability to the licensee or
  3  1 permittee.  Effective January 1, 1999, the scheduled fine
  3  2 amount is raised to $1,500 for licensees and permittees and
  3  3 $500 for persons who are employed by a licensee or permittee.
  3  4 A reference change is made in another provision to accommodate
  3  5 the addition of the scheduled fine to the scheduled violation
  3  6 provisions of Code chapter 805.  
  3  7 LSB 3924YC 77
  3  8 lh/cf/24
     

Text: HSB00623                          Text: HSB00625
Text: HSB00600 - HSB00699               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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