Approved by the Legislative Commissioner

April 20, 2006

AN ACT CONCERNING UNDERAGE DRINKING.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2006) (a) No person having possession of, or exercising dominion and control over, any dwelling unit or private property shall (1) knowingly permit any minor to possess alcoholic liquor in violation of subsection (b) of section 30-89 of the general statutes, as amended by this act, in such dwelling unit or on such private property, or (2) knowing that any minor possesses alcoholic liquor in violation of subsection (b) of section 30-89 of the general statutes, as amended by this act, in such dwelling unit or on such private property, fail to make reasonable efforts to halt such possession. For the purposes of this subsection, "minor" means a person under twenty-one years of age.

(b) Any person who violates the provisions of subsection (a) of this section shall, for a first offense, have committed an infraction and, for any subsequent offense, be fined not more than five hundred dollars or imprisoned not more than one year, or both.

Sec. 2. Subsection (b) of section 30-89 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006):

(b) Any minor who possesses any alcoholic liquor [on any street or highway or in any public place or place open to the public, including any club which is open to the public, shall be fined not less than two hundred nor more than five hundred dollars] on public or private property shall, for a first offense, have committed an infraction and, for any subsequent offense, be fined not less than two hundred dollars or more than five hundred dollars. The provisions of this subsection shall not apply to (1) a person over age eighteen who is an employee or permit holder under section 30-90a and who possesses alcoholic liquor in the course of [his] such person's employment or business, (2) a minor who possesses alcoholic liquor on the order of a practicing physician, or (3) a minor who possesses alcoholic liquor while accompanied by a parent, guardian or spouse of the minor, who has attained the age of twenty-one. Nothing in this subsection shall be construed to burden a person's exercise of religion under section 3 of article first of the Constitution of the state in violation of subsection (a) of section 52-571b.

Sec. 3. Subsection (b) of section 30-86 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006):

(b) (1) Any permittee or any servant or agent of a permittee who sells or delivers alcoholic liquor to any minor [,] or [to] any intoxicated person, or to any habitual drunkard, knowing the person to be such an habitual drunkard, shall be subject to the penalties of section 30-113.

(2) Any person who sells, ships, delivers or gives [any such liquors to such] alcoholic liquor to a minor, by any means, including, but not limited to, the Internet or any other on-line computer network, except on the order of a practicing physician, shall be fined not more than one thousand five hundred dollars or imprisoned not more than eighteen months, or both.

(3) The provisions of this [section] subsection shall not apply [(1)] (A) to a sale, shipment or delivery made to a person over age eighteen who is an employee or permit holder under section 30-90a and where such sale, shipment or delivery is made in the course of such person's employment or business, [(2)] (B) to a sale, shipment or delivery made in good faith to a minor who practices any deceit in the procurement of an identity card issued in accordance with the provisions of section 1-1h, as amended, who uses or exhibits any such identity card belonging to any other person or who uses or exhibits any such identity card that has been altered or tampered with in any way, or [(3)] (C) to a shipment or delivery made to a minor by a parent, guardian or spouse of the minor, provided such parent, guardian or spouse has attained the age of twenty-one and provided such minor possesses such alcoholic liquor while accompanied by such parent, guardian or spouse.

(4) Nothing in this subsection shall be construed to burden a person's exercise of religion under section 3 of article first of the Constitution of the state in violation of subsection (a) of section 52-571b.

The following fiscal impact statement and bill analysis are prepared for the benefit of members of the General Assembly, solely for the purpose of information, summarization, and explanation, and do not represent the intent of the General Assembly or either House thereof for any purpose:

OFA Fiscal Note

State Impact:

Note: GF=General Fund

Municipal Impact:

Explanation

Any state revenue impact associated with infractions under the bill is anticipated to be minimal. The bill establishes an infraction that may be imposed on a person in control of private property who permits a minor (under twenty-one years of age) to possess alcohol. It also provides that an infraction may be imposed on the minor for possession of alcohol on private property; current law prohibits possession by a minor on public property, only.

The dollar value of the bill's infractions would range from $74 to $136. The Judges of the Superior Court must determine the exact amount of the infractions, provided they are between $35 and $90.¹ Subsequent to this determination, various other statutory surcharges would be added to bring the total amounts due to the range provided above. The revenue gain associated with the new infractions is expected to be minimal given the number of fines imposed and associated revenues for the possession of alcohol by a minor in a public place: about 300 fines are imposed annually with revenues of $37,000 (average fine of $123).

Note that the bill alters the fine amount that may be imposed on a minor in possession of alcohol in a public place. Minors receive an average fine of $123 under current law. However, the bill could provide for a fine of between $74 and $136. Any revenue impact associated with this change would be less than $15,000 annually. The bill will result in a net revenue gain to the state from the two new infractions related to possession of alcohol on private property.

The bill also makes it a crime, punishable by a fine of up to $500 and/or imprisonment for up to one year, for any person in control of private property to repeatedly allow any minors to possess alcohol. To the extent that offenders are subject to incarceration or probation supervision in the community as a result of the bill, a potential cost to criminal justice agencies exists. On average, it costs the state $2,150 to supervise an offender on probation in the community as compared to $35,040 to incarcerate the offender (note that both figures include fringe benefits).

Law enforcement agencies and the Division of Criminal Justice could accommodate enforcement of the bill's provisions without requiring additional appropriations.

House Amendment “A” made a technical change with no fiscal impact.

The Out Years

State Impact:

Note: GF=General Fund

Municipal Impact:

OLR Bill Analysis

HB 5211 (as amended by House "A")*

AN ACT CONCERNING UNDERAGE DRINKING.

SUMMARY:

This bill makes it illegal for someone who possesses or controls private property, including a dwelling unit, to (1) knowingly permit a minor to illegally possess alcohol in the unit or on the property or (2) fail to make reasonable efforts to stop the possession of alcohol in the unit or on the property by a minor he knows possesses alcohol illegally. The bill makes a first offense an infraction and subsequent offenses subject to up to one year in prison, a fine of up to $500, or both.

The bill also makes it illegal for a minor to possess alcohol anywhere, rather than only in public places. Under current law, the penalty for illegal possession in public places is a fine of $200 to $500. The bill makes this the penalty for second and subsequent offenses of illegal possession, regardless of location, and makes a first offense an infraction.

Under current law, the provisions on illegal possession by minors do not apply to a minor who possesses alcohol while accompanied by a parent, guardian, or spouse over age 21. The bill specifies that it must be the minor's parent, guardian, or spouse.

The bill also specifies that the prohibitions on illegal possession and those against selling, shipping, delivering, or giving alcohol to minors cannot be construed to burden a person's exercise of religion as protected by the state constitution.

*House Amendment “A” deletes a redundant definition of “minor” in the bill.

EFFECTIVE DATE: October 1, 2006

BACKGROUND

Other Exceptions to Illegal Possession by Minors

By law, the provisions on illegal possession by minors do not apply to a minor who (1) is over age 18 and possesses alcohol in the course of employment or (2) possesses alcohol on a physician's order.

Exercise of Religion

The state constitution provides that, “The exercise and enjoyment of religious profession and worship, without discrimination, shall forever be free to all persons in the state; provided, that the right hereby declared and established, shall not be construed as to excuse acts of licentiousness, or to justify practices inconsistent with the peace and safety of the state” (Article I, § 3).

The law prohibits the state or a political subdivision from burdening a person's constitutional exercise of religion even with a rule of general applicability unless the burden (1) furthers a compelling government interest and (2) is the least restrictive means to further that interest (CGS § 52-571b).

Related Bill

HB 5676 (File 183) prohibits hosting an event on public or private property where alcohol is consumed or dispensed to minors unless accompanied by a parent, guardian, or spouse age 21 or older.

COMMITTEE ACTION

Judiciary Committee

Joint Favorable

¹ See CGS Section 51-164m.