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Senate Study Bill 219

Bill Text

PAG LIN
  1  1    Section 1.  Section 123.47, Code 1997, is amended to read
  1  2 as follows:
  1  3    123.47  PERSONS UNDER THE AGE OF EIGHTEEN – PENALTY.
  1  4    A person shall not sell, give, or otherwise supply
  1  5 alcoholic liquor, wine, or beer to any person knowing or
  1  6 having reasonable cause to believe that person to be under the
  1  7 age of eighteen, and a person or persons under the age of
  1  8 eighteen shall not purchase or attempt to purchase, or
  1  9 individually or jointly have alcoholic liquor, wine, or beer
  1 10 in their possession or control; except in the case of liquor,
  1 11 wine, or beer given or dispensed to a person under the age of
  1 12 eighteen within a private home and with the knowledge,
  1 13 presence, and consent of the parent or guardian, for beverage
  1 14 or medicinal purposes or as administered to the person by
  1 15 either a physician or dentist for medicinal purposes and
  1 16 except to the extent that a person under the age of eighteen
  1 17 may handle alcoholic beverages, wine, and beer during the
  1 18 regular course of the person's employment by a liquor control
  1 19 licensee, or wine or beer permittee under this chapter.  A
  1 20 person, other than a licensee or permittee, who violates this
  1 21 section regarding the purchase, of or attempt to purchase, or
  1 22 possession of alcoholic liquor, wine, or beer shall pay a
  1 23 twenty-five dollar penalty commits a scheduled violation of
  1 24 section 805.8, subsection 10.
  1 25    Sec. 2.  Section 123.47A, subsection 1, Code 1997, is
  1 26 amended to read as follows:
  1 27    1.  A person shall not sell, give, or otherwise supply
  1 28 alcoholic liquor, wine, or beer to any person knowing or
  1 29 having reasonable cause to believe that the person is age
  1 30 eighteen, nineteen, or twenty.  A person age eighteen,
  1 31 nineteen, or twenty shall not attempt to purchase, purchase,
  1 32 or possess alcoholic liquor, wine, or beer.  However, a person
  1 33 age eighteen, nineteen, or twenty may possess alcoholic
  1 34 liquor, wine, or beer given to the person within a private
  1 35 home with the knowledge, presence, and consent of the person's
  2  1 parent or guardian, or with the signed, written consent of the
  2  2 parent or guardian specifying the date and place for the
  2  3 consumption and displayed by the person upon demand, and a
  2  4 person age eighteen, nineteen, or twenty may handle alcoholic
  2  5 liquor, wine, and beer during the course of the person's
  2  6 employment by a liquor control licensee, or wine or beer
  2  7 permittee.  A person, other than a licensee or permittee, who
  2  8 commits a first offense under violates this section with
  2  9 respect to the attempt to purchase, purchase, or possession of
  2 10 an alcoholic beverage commits a scheduled violation of section
  2 11 805.8, subsection 10.  A person, other than a licensee or
  2 12 permittee who commits a first offense under this section with
  2 13 respect to the sale, giving, or supply of an alcoholic
  2 14 beverage, commits a scheduled violation of section 805.8,
  2 15 subsection 10.  A person, other than a licensee or permittee,
  2 16 who commits a second or subsequent violation of this section
  2 17 with respect to the sale, giving, or supply of an alcoholic
  2 18 license, commits a simple misdemeanor.  A licensee or
  2 19 permittee who violates this section with respect to a person
  2 20 who is age nineteen or twenty is guilty of a simple
  2 21 misdemeanor punishable by a fine of not more than fifty
  2 22 dollars.  The penalty provided under this section against a
  2 23 licensee or permittee who violates this section with respect
  2 24 to a person who is age nineteen or twenty is the only penalty
  2 25 which shall be imposed against a licensee or permittee who
  2 26 violates this section.  A licensee or permittee who violates
  2 27 this section with respect to a person who is age eighteen
  2 28 commits a simple misdemeanor, and is subject to the criminal
  2 29 and civil penalties provided pursuant to sections 123.49 and
  2 30 123.50 with respect to selling, giving, or otherwise supplying
  2 31 alcoholic beverages, liquor, wine, or beer to persons under
  2 32 legal age.
  2 33    Sec. 3.  Section 725.7, Code 1997, is amended by adding the
  2 34 following new subsection:
  2 35    NEW SUBSECTION.  3.  a.  In addition to the scheduled fine
  3  1 under section 805.8, subsection 13, for violations of section
  3  2 123.47 or 123.47A with respect to the purchase, attempt to
  3  3 purchase, or possession of an alcoholic beverage, the motor
  3  4 vehicle license of the person shall be suspended by the state
  3  5 department of transportation for a period of sixty days or, if
  3  6 the person does not possess a motor vehicle license, the
  3  7 person shall perform fifty hours of court-ordered, unpaid,
  3  8 community service.
  3  9    b.  The clerk of the district court shall forward a copy of
  3 10 the order suspending the motor vehicle license of the person
  3 11 to the state department of transportation.  The state
  3 12 department of transportation shall suspend the license of the
  3 13 person for the period prescribed in the order.  The state
  3 14 department of transportation shall adopt by rules for
  3 15 suspending the motor vehicle licenses of such persons and for
  3 16 issuing temporary restricted licenses under section 321.215,
  3 17 as if such suspensions were ordered under chapter 321.
  3 18    c.  The state department of transportation shall, on
  3 19 application, issue a temporary restricted license to a person
  3 20 whose motor vehicle license is suspended under this subsection
  3 21 allowing the person to drive to and from the person's home and
  3 22 specified places at specified times which can be verified by
  3 23 the department and which are required by the person's full-
  3 24 time or part-time employment, continuing health care or the
  3 25 continuing health care of another who is dependent upon the
  3 26 person, continuing education while enrolled in an educational
  3 27 institution on a part-time or full-time basis and while
  3 28 pursuing a course of study leading to a diploma, degree, or
  3 29 other certification of successful educational completion,
  3 30 substance abuse treatment, or court-ordered community service
  3 31 responsibilities.
  3 32    d.  A person for whom a motor vehicle license is suspended
  3 33 under this subsection is not subject to chapter 321A and the
  3 34 suspension shall not be grounds for determination of risk,
  3 35 rates, or premiums in any policy of insurance issued to or for
  4  1 the person.
  4  2    e.  The clerk of the district court shall attempt to notify
  4  3 the parents or guardians of a person who has violated this
  4  4 subsection of the violation and suspension.
  4  5    Sec. 4.  Section 805.8, subsection 10, paragraph a, Code
  4  6 1997, is amended to read as follows:
  4  7    a.  For violations of section 123.47A, which constitute
  4  8 first offenses as provided in that section for the sale,
  4  9 giving, or supply of an alcoholic beverage, the scheduled fine
  4 10 is fifteen dollars.
  4 11    Sec. 5.  Section 805.8, subsection 10, Code 1997, is
  4 12 amended by adding the following new paragraph:
  4 13    NEW PARAGRAPH.  d.  For violations of section 123.47 or
  4 14 123.47A with respect to the purchase, attempt to purchase, or
  4 15 possession of an alcoholic beverage, the scheduled fine is one
  4 16 hundred dollars.  
  4 17                           EXPLANATION
  4 18    This bill provides that a person under 21 years of age who
  4 19 attempts to purchase, purchases, or possesses an alcoholic
  4 20 beverage commits a scheduled violation which is punishable by
  4 21 a fine of $100.  In addition, the court is required to suspend
  4 22 the violator's motor vehicle license for 60 days or, if the
  4 23 violator does not possess a motor vehicle license, to order
  4 24 the violator to perform 50 hours of community service.
  4 25 However, a violator is entitled to receive a temporary
  4 26 restricted license for certain specified school, employment,
  4 27 health care, and community service purposes.  
  4 28 LSB 2094SC 77
  4 29 tj/jw/5.1
     

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