Bill S565A-2011

Lengthens the suspension of a driver's license for any person found to have illegally purchased or to have attempted to illegally purchase an alcoholic beverage

Lengthens the suspension of a driver's license for any person found to have illegally purchased or to have attempted to illegally purchase an alcoholic beverage.

Details

Actions

  • Feb 6, 2012: referred to corporations, authorities and commissions
  • Feb 6, 2012: DELIVERED TO ASSEMBLY
  • Feb 6, 2012: PASSED SENATE
  • Jan 24, 2012: ADVANCED TO THIRD READING
  • Jan 23, 2012: 2ND REPORT CAL.
  • Jan 19, 2012: 1ST REPORT CAL.88
  • Jan 4, 2012: REFERRED TO ALCOHOLISM AND DRUG ABUSE
  • Jan 4, 2012: returned to senate
  • Jan 4, 2012: died in assembly
  • Jun 13, 2011: referred to economic development
  • Jun 13, 2011: DELIVERED TO ASSEMBLY
  • Jun 13, 2011: PASSED SENATE
  • Mar 16, 2011: ADVANCED TO THIRD READING
  • Mar 15, 2011: 2ND REPORT CAL.
  • Mar 14, 2011: 1ST REPORT CAL.218
  • Mar 10, 2011: PRINT NUMBER 565A
  • Mar 10, 2011: AMEND AND RECOMMIT TO ALCOHOLISM AND DRUG ABUSE
  • Feb 23, 2011: COMMITTEE DISCHARGED AND COMMITTED TO ALCOHOLISM AND DRUG ABUSE
  • Jan 5, 2011: REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES

Votes

VOTE: COMMITTEE VOTE: - Alcoholism and Drug Abuse - Jan 19, 2012
Ayes (5): Bonacic, McDonald, Klein, Huntley, Breslin
Ayes W/R (1): Hannon

Memo

BILL NUMBER:S565A

TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to increasing the length of suspension of a driver's license for a person who illegally purchases or attempts to illegally purchase an alcoholic beverage

PURPOSE: To strengthen the underage drinking laws through an increase in penalty for those minors who seek to buy alcoholic beverages.

SUMMARY OF PROVISIONS: Section 1: Amends subdivision 6 of 65-b of the alcoholic beverage control law, making the penalty for the first violation where a minor uses a license to illegally purchase or attempt to purchase alcohol, a six month suspension of his or her license. Section 2: Amends subdivision 5 of section 65-b of the alcoholic beverage control law, making the penalty for a second or subsequent violation where a minor uses a license to illegally purchase or attempt to purchase alcohol; a one year suspension or until age 21, whichever is longer.

JUSTIFICATION: This bill contributes to strengthening the underage drinking laws through increased penalties for minors who illegally use a license to buy or attempt to buy alcoholic beverages. Increasing the amount of time the license of a minor may be suspended for the illegal purchase of alcohol would be a deterrent for minors who value the legitimate use of their license and the freedom it gives them for travel, leisure, school, and/or work. Underage drinking continues to be a growing problem which causes behavioral problems, social problems, and can lead to the use and abuse of other substances. This measure is a necessary part of a concerned effort to curtail, if not stop, underage drinking.

LEGISLATIVE HISTORY: 2003/04: S.5461- Passed Senate 01/09/08: Referred to Mental Health and Developmental Disabilities

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 565--A 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
Introduced by Sen. ROBACH -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Develop- mental Disabilities -- committee discharged and said bill committed to the Committee on Alcoholism and Drug Abuse -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the alcoholic beverage control law, in relation to increasing the length of suspension of a driver's license for a person who illegally purchases or attempts to illegally purchase an alcoholic beverage THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 6 of section 65-b of the alcoholic beverage control law, as amended by chapter 519 of the laws of 1999, the opening paragraph as amended by chapter 503 of the laws of 2000, is amended to read as follows: 6. In addition to the penalties otherwise provided in subdivision three of this section, if a determination is made sustaining a charge of illegally purchasing or attempting to illegally purchase an alcoholic beverage, the court may suspend such person's license to drive a motor vehicle [and] OR, IF SUCH PERSON IS UNLICENSED, the privilege of [an unlicensed person of] obtaining such license, in accordance with the following and for the following periods, if it is found that a driver's license was used for the purpose of such illegal purchase or attempt to illegally purchase[; provided, however, that where a person is sentenced pursuant to paragraph (b) or (c) of subdivision three of this section, the court shall impose such license suspension if it is found that a driver's license was used for the purpose of such illegal purchase or attempt to illegally purchase:].
(a) For a first violation of paragraph (a) of subdivision two of this section, a [three] SIX month suspension. (b) For a second [violation of paragraph (a) of subdivision two of this section, a six month suspension. (c) For a third] or subsequent violation of paragraph (a) of subdivi- sion two of this section, a suspension for one year or until the holder reaches the age of twenty-one, whichever is the greater period of time. Such person may thereafter apply for and be issued a restricted use license in accordance with the provisions of section five hundred thirty of the vehicle and traffic law. S 2. This act shall take effect on the ninetieth day after it shall have become a law.

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