FURNISHING ALCOHOL TO A MINOR H.B. 5198 (S-1) & 5199 (S-2): FLOOR SUMMARY
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House Bill 5198 (Substitute S-1 as reported)
House Bill 5199 (Substitute S-2 as reported)
Sponsor: Representative Harold Haugh
House Committee: Transportation
Senate Committee: Economic Development and Regulatory Reform

CONTENT
House Bill 5198 (S-1) would amend the Michigan Liquor Control Code and House Bill 5199 (S-2) would amend the Michigan Vehicle Code to require the Secretary of State to suspend the driver license of a person convicted of a second or subsequent offense of selling or furnishing alcohol to a minor, if the person were not a retail licensee or a clerk, agent, or employee of a retail licensee.


The Liquor Control Code prohibits the sale or furnishing of alcohol to a minor (a person under 21), and includes various penalties for a violation. A violator who is not a retail licensee or a retail licensee's clerk, agent, or employee is guilty of a misdemeanor punishable by a maximum fine of $1,000 and up to 60 days' imprisonment for a first offense, or a maximum fine of $2,500 and up to 90 days' imprisonment for a second or subsequent offense, and may be ordered to perform community service. (Enhanced penalties apply if the minor's subsequent consumption of alcohol is a direct and substantial cause of his or her death or an accidental injury that causes the minor's death.)


House Bill 5198 (S-1) would require the Secretary of State, for a second or subsequent offense, to suspend the operator's or chauffeur's license of a person who was not a retail licensee or retail licensee's clerk, agent, or employee, as provided in Section 319 of the Michigan Vehicle Code. House Bill 5199 (S-2) would add the same requirement to that section.


The bills are tie-barred and would take effect on June 30, 2011.


MCL 436.1701 (H.B. 5198) Legislative Analyst: Patrick Affholter 257.319 (H.B. 5199)
FISCAL IMPACT
The bills would generate additional revenue to the State as a result of the Secretary of State's suspending an individual's driver license. Drivers who have their license suspended must pay a $125 driver license reinstatement fee. The fee is then distributed as follows: Secretary of State ($50); Michigan Department of Transportation Economic Development Fund ($35); Drunk Driving Prevention Equipment and Training Fund ($10); and Drunk Driving Case Flow Assistance Fund ($30). The amount of additional revenue would depend on the number of convictions for a second or subsequent offense of selling or furnishing alcohol to a minor.


Date Completed: 9-21-10 Fiscal Analyst: Joe Carrasco

Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. hb5198&5199/0910