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H.B. No. 0011 |
Minors purchasing alcohol. |
Sponsored By: Joint Corporations, Elections and Political Subdivisions Interim Committee
AN ACT relating to minors and alcoholic beverages; specifying penalties for minors purchasing or attempting to purchase alcohol; providing for driver's license suspension as specified; and providing for an effective date.
12/5/2005 Bill Number Assigned
2/13/2006 H Received for Introduction
2/13/2006 H Introduced and Referred to H07
ROLL CALL
Ayes: Representative(s) Anderson, R., Berger, Brown, Buchanan, Childers, Cohee, Esquibel, Gay, Gilmore, Gingery, Goggles, Hammons, Harshman, Harvey, Hastert, Hinckley, Iekel, Illoway, Jones, Jorgensen, Landon, Lockhart, Lubnau, Luthi, Martin, McOmie, Mercer, Meuli, Miller, Olsen, Osborn, Pedersen, Petersen, Philp, Quarberg, Robinson, Samuelson, Simpson, Slater, Walsh, Warren, Watt and White.
Nays: Representative(s) Alden, Bagby, Brechtel, Davison, Diercks, Edwards, Hageman, Morgan, Powers, Reese, Semlek, Thompson, Wasserburger and Zwonitzer.
Excused: Representative(s) Barnard, Bucholz and Jackson.
Ayes 43 Nays 14 Excused 3 Absent 0 Conflicts 0
2/15/2006 H07 Recommended Amend and Do Pass
ROLL CALL
Ayes: Representative(s) Barnard, Gingery, Illoway, Martin, McOmie, Mercer, Miller and Olsen
Nays: Representative(s) Diercks
Ayes 8 Nays 1 Excused 0 Absent 0 Conflicts 0
2/15/2006 H Placed on General File
HB0011HS001/ADOPTED
Page 1-line 4 After "specified;" insert "providing conforming amendments;".
Page 1-line 8 After "(c)" insert ", 31‑7‑105(f)(v)(G), 31‑7‑120(b)"; after "and" delete balance of line.
Page 1-line 9 Delete "a new subsection (n)" insert "31‑7‑128(f)(intro), (ii) and by creating a new paragraph (iii)".
Page 2-line 14 Delete "(n)" insert "(f)".
Page 2-After line 18 Insert:
"31‑7‑105. Administrative hearings.
(f) Upon receipt of a timely request, the department shall conduct a review of its records and issue an order granting or denying limited driving privileges. The discretion to continue or modify any order of suspension or denial to allow driving privileges is limited as follows:
(v) It shall not be granted in cases of:
(G) A
licensee under nineteen (19) years of age who
has had his license suspended under W.S. 31‑7‑128(f) unless at
least one-third (1/3) of the total license suspension period has elapsed and
the licensee has complied with or is complying with all requirements or
conditions imposed by the court resulting from the conviction;
31‑7‑120. Records to be kept by division; exceptions.
(b) Notwithstanding
subsection (a) of this section the division shall twelve (12) months after
conviction, expunge the record relating to the suspension of a driver's license
of a minor pursuant to W.S. 31‑7‑128(f).
for the violation of any law or ordinance relating
to the possession or consumption of a controlled substance or alcohol, except a
violation of W.S. 31‑5‑233. For any person whose records
of a driver's license suspension were expunged under this subsection, the
suspension under this subsection is deemed not to have occurred and the
individual may reply accordingly upon any inquiry in the matter.
Notwithstanding W.S. 31‑5‑1214, records of suspensions under W.S.
31‑7‑128(f) shall not be made available for public inspection
except for inspection by any law enforcement officer or agency. Any driver's
license suspension or related records under this subsection shall not be the
basis for any increase in insurance premiums or the cancellation of any
insurance policy for a minor or his parents affected by this section.".
Page 3-lines 1 through 13 Delete entirely and insert:
"(f) Upon
receiving a record of the licensee's
conviction of a driver who is under nineteen (19)
years of age for violating any law regarding the possession, delivery,
manufacture or use of a controlled substance or alcohol under W.S. 12‑6‑101(c) with a recommendation of
suspension by the court, the division shall suspend the license or nonresident operating privilege permit of the driver for:
(ii) Six (6) months, if the
person has been previously convicted within the preceding twelve (12) months
for violating any law regarding the possession, delivery, manufacture or use of
a controlled substance or alcohol for the
second conviction;
(iii) One (1) year for a third or subsequent conviction.". ILLOWAY, CHAIRMAN
2/16/2006 H Passed CoW
2/17/2006 H Laid Back Without Prejudice
HB0011H2001/ADOPTED
Page 2-line 6 After "or" insert "by"; After "trial" insert "or pursuant to a guilty plea or a plea of nolo contendere". LUBNAU
HB0011H2002/ADOPTED
Page 1-Above line 1 In the catch title delete "Minors" insert "Underage persons".
Page 1-line 1 Delete "minors" insert "underage persons".
Page 1-line 2 Delete "minors" insert "underage persons".
Page 2-line 7 Delete "minor" insert "person under the age of twenty-one (21) years".
Page 2-line 8 Delete "minor's" insert "person's".
Page 2-line 11 Delete "minor's" insert "person's".
Page 2-line 12 Delete "minor's" insert "person's".
Page 2-line 17 Delete "a minor" insert "any person convicted under this subsection".
Page 2-After line 18 In the House standing committee amendment (HB0011HS001/A) to this line, in 31‑7‑120(b): After "driver's license of a" strike "minor" insert "person"; after "insurance policy for" strike "a minor" insert "the person". ILLOWAY
HB0011H2003/ADOPTED
Page 2-line 7 Delete "used" insert "operated".
Page 2-line 8 Delete the Illoway second reading amendment (HB0011H2002/A) to this line; delete "minor's".
Page 2-line 9 After "conviction" insert "of any person convicted".
Page 2-line 12 After "the" insert "convicted". LANDON
2/20/2006 H Passed 2nd Reading
HB0011H3002/FAILED
Page 2-line 14 Before "Any" insert "The department shall forward a copy of any record of conviction received pursuant to this subsection to the commission and the local licensing authority with jurisdiction over the licensee from which the person convicted obtained the alcohol.". ZWONITZER
2/21/2006 H Failed 3rd Reading
ROLL CALL
Ayes: Representative(s) Anderson, R., Barnard, Bucholz, Davison, Gay, Gilmore, Harvey, Illoway, Jackson, Lubnau, McOmie, Meuli, Osborn, Petersen, Powers, Thompson, Warren and White.
Nays: Representative(s) Alden, Bagby, Berger, Brechtel, Brown, Buchanan, Childers, Cohee, Diercks, Edwards, Esquibel, Gingery, Goggles, Hageman, Hammons, Harshman, Hastert, Hinckley, Iekel, Jones, Jorgensen, Landon, Lockhart, Luthi, Martin, Mercer, Miller, Morgan, Olsen, Pedersen, Philp, Quarberg, Reese, Robinson, Samuelson, Semlek, Simpson, Slater, Walsh, Wasserburger and Zwonitzer.
Excused: Representative(s) Watt
Ayes 18 Nays 41 Excused 1 Absent 0 Conflicts 0