FURNISHING ALCOHOL TO A MINOR H.B. 5198 (H-1) & 5199 (H-1):
COMMITTEE SUMMARY
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House Bill 5198 (Substitute H-1 as passed by the House)
House Bill 5199 (Substitute H-1 as passed by the House)
Sponsor: Representative Harold Haugh
House Committee: Transportation
Senate Committee: Economic Development and Regulatory Reform
Date Completed: 9-14-10
CONTENT
House Bills 5198 (H-1) and 5199 (H-1) would amend the Michigan Liquor Control Code and the Michigan Vehicle Code, respectively, to allow a sentencing court to order a driver license suspension for a person convicted 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 bills are tie-barred.
House Bill 5198 (H-1)
The Liquor Control Code prohibits the sale or furnishing of alcohol to a minor, and includes various penalties for a violation. (Under the Code, "minor" means a person under 21 years of age.) A person who is not a retail licensee or a retail licensee's clerk, agent, or employee and who violates the prohibition 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. (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, the violation is a felony, punishable by up to 10 years' imprisonment and/or a maximum fine of $5,000.)
Under the bill, in addition to the current penalties, the sentencing court could order the Secretary of State 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 and who was convicted of violating the prohibition against selling or furnishing alcohol to a minor, as provided in Section 319 of the Michigan Vehicle Code.
House Bill 5199 (H-1)
The bill would amend Section 319 of the Vehicle Code to allow a court to order the Secretary of State to suspend a person's driver license for 180 days for selling or furnishing alcohol to a minor, if the person were not a retail licensee or a retail licensee's clerk, agent, or employee.
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 as a result of the proposed legislation.
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