REPORT ON BILLS FAVORABLY REPORTED BY COMMITTEE

TITLE OF BILL:

AN ACT CONCERNING UNDERAGE DRINKING.

SPONSORS OF BILL:

REASONS FOR BILL:

To close the existing loophole of current statutes allowing youngsters to possess and consume alcohol on private party, and hold those who provide alcohol to youth accountable.

RESPONSE FROM ADMINISTRATION/AGENCY:

Attorney General Richard Blumenthal-Youth and alcohol are a potent and perilous combination, which produces crashes and carnage on our roads and alcohol poisoning in our homes. Too many underage teenagers die after drinking and driving while intoxicated. Alcohol is the drug of choice among Connecticut children. Connecticut youth drink at rates 26% higher than their peers nationally. More than 50% of Connecticut youth obtain alcohol in their homes, 77% of high school students report obtaining alcohol in their homes, with or without their parents' consent, and finally, 61% of teen drinking occurs at parties in their own homes. Parents commonly allow their children to drink and some even host parties with alcohol for their children. This legislation would provide support and reinforcement to responsible parents and young people. It enables them to give a legal reason for doing the right thing, against social and peer pressure. It is also a deterrent, giving police a measure that helps prevent tragedy and irresponsible acts leading to it before it happens.

Passage of the proposed law would allow police to enter private property only if they have evidence indicating that adults are hosting a party or allowing minors to possess alcohol in violation of the law.

James F. Papillo, Victim Advocate, Office of Victim Advocate-According to the Community Anti-Drug Coalition of America, the median age at which children begin drinking is 13. Far too many incidents of underage drinking have occurred in which the outcome has been the worst possible scenario for a parent to face. Many promising young lives have been needlessly lost as a result of underage drinking.

Thomas A. Kirk, Jr., Ph.D., Commissioner, Department of Mental Health & Addiction Services-Our prevention unit devotes a great deal of time and resources trying to address the issues surrounding underage drinking.

Young people who drink are more likely than adults to be binge drinkers. Binge drinking is strongly associated with injuries, motor vehicle crashes, violence, fetal alcohol syndrome, chronic liver disease, and several other chronic and acute conditions.

People who begin drinking before the age of 15 are four times more likely to develop alcohol dependence than those who wait until the age 21. A 2004 national survey on drug use and health found that roughly 10.8 million underage persons aged 12 to 20 (28.7%) reported current alcohol use. 2.4 million (6.3%) were heavy drinkers, who binge five or more times per month. Of the 10.8 million underage drinkers, 4.4 million (almost half) were youths aged 12-17. Approximately 11.1% of 12-year olds reported having used alcohol at least once in their lifetimes. By the age of 13, the percentage who have used alcohol double (roughly a quarter of youths), and by age 15, the figure is over 50 percent.

Adults are the most common source of alcohol for underage drinkers, and one in four teens has seen their peers drink alcohol in front of parents at a party. A national survey found that social host liability laws lowered the probability of binge drinking, and drinking and driving among all drinkers. The recommendations contained in this bill are consistent with the findings relative to social host laws.

Christopher L. Morano, Chief State's Attorney, Division of Criminal Justice-The proposed penalty of an infraction, usually a minimal fine payable by mail, does not adequately recognize the irresponsible actions. The penalties for both actions should be a misdemeanor. We suggest that a first-time offender be offered the opportunity to complete a period of community service as punishment. In the past, it has been suggested that legislative proposals of this type would allow police to enter an individual's home to investigate underage drinking without cause. This is simply not true. As with the investigation of any event, a police officer would need probable cause to arrest an individual on this offense and all constitutional protections would apply not only to individuals, but also their homes. This bill cannot and will not infringe upon the protections embodied in the Fourth and Fifth Amendments of the U.S. Constitution.

Representative David A. Scribner, 107^th District-February 18, 2006, New Milford police charged 15 teenagers with “possession of alcohol by a minor” after they received a complaint about underage drinking at a birthday party. A 19 year old was issued a summons to appear in Superior Court in Bantam later this month, a dozen other 16 and 17 year olds were summoned to court, and a 15 year old was referred to juvenile authorities. The party was being hosted by the parents of an 18 year old high school student; however, the mother stated she had no idea drinking was going on.

August 2005, the American Medical Association, in association with the Robert Wood Johnson Foundation, released a poll which showed parental opinions and behaviors about providing alcohol to teenagers and perceptions on how youth acquire alcohol. Two out of three teens, aged 13-18, said it is easy to get alcohol from their homes without parents knowing about it. One third responded that it is easy to obtain alcohol from their own parents knowingly, which increases 40% when it is from a friend's parent, and one in four teens have attended a party where minors were drinking in front of parents.

Parents who allow underage youth to drink under their supervision are under a dangerous misperception that they are safer than without this supervision. According to a study of young adults ages 18-20 that drank heavily (5 or more drinks on 5 or more occasions in the past month) 66% drove under the influence of alcohol in the past year, and 42% often drove or rode without wearing a seat belt. Injuries and car accidents, as well as interpersonal assaults and destruction of property after parent-hosted parties are sad reminders that no parent can completely control the actions of intoxicated youth, during or after a party. And the main message youth hear when parents allow them to drink is that drinking illegally is all right, when it's not only not all right, but it is extremely unsafe.

In Connecticut, the most stringent laws for the supply of alcohol to minors apply to the consumption of alcohol by young people in licensed premises or public places, but there are currently no laws to prohibit adults serving alcohol to people under 21 years of age in private dwellings. It is imperative that this be addressed given that the majority of young people report acquiring alcohol from their own parents or from their friends' parents.

Representative Sonya Googins, 31^st District-Glastonbury has the distinction of being one of the towns who introduced and put into effect an ordinance to act when discovering an underage drinking house party. Glastonbury has also had the misfortune to have experienced too many deaths of our youth under the influence of alcohol. Parties are often the source. Both adults and youth are held accountable in this ordinance.

The observation has been that while we're sure such house parties still exist, there are fewer and they are not “spilling out into the streets”.

NATURE AND SOURCES OF SUPPORT:

Craig Turner, Vice Chairman, Connecticut Coalition to Stop Underage Drinking-Youths who drink are more likely to carry a handgun. Alcohol use contributes to property damage, rape and other violent crimes. Underage drinkers' brains are more susceptible to damage because they have not fully developed. This leads alcohol abuse to cause long-term damage to memory.

Research on Connecticut youth supports these following concerns. 61% of Connecticut youth report they drink at “house parties.” In 2002, 40% of all youth deaths were alcohol related. Alcohol is the drug most commonly associated with homicide and violent crime; half of all Connecticut youths that attempt suicide do so under the influence of alcohol. Over 50% of teen pregnancies occur with one or both children under the influence of alcohol. Alcohol poisoning is one of the more serious problems that occur at house parties. 90% of parents surveyed agreed that adults who provide alcohol to minors in any fashion should be arrested and fined. 85% of parents surveyed support arresting and fining parents who host “house parties”

19 states provide no exceptions to the minimum drinking age of 21. Connecticut is one of only eight states that allow possession of alcohol by minors on private property without the presence of a parent or adult guardian.

Geralyn Laut, President, Glastonbury Alcohol and Drug Council-The results of a national study known as Community Trials on Enforcing Underage Drinking Laws, clearly demonstrates, that the higher percentage of risk of “getting caught by police”, lower the incidence of underage drinking and/or drinking and driving. Seven communities in Connecticut are a part of that study, and are focusing their efforts on increasing local enforcement and implementing policy initiatives intended to reduce youth access to alcohol. With the encouragement of the Federal Office of Juvenile Justice and Delinquency Prevention, four of the 7 towns have also passed their own local ordinance concerning underage drinking.

Kate Antonucci, Connecticut Prevention Network- We know that even when well-meaning adults “take the keys” at a house party, there are still numerous risks associated with underage drinking, including alcohol poisoning, sexual assault, violence, and suicide. We are giving young people a mixed message that underage drinking isn't okay, but our laws say that technically, on private property it is. Passage of this bill would help reduce underage drinking, protect young people and give them the clear, consistent message that underage drinking is unhealthy, against the law and unacceptable.

Alana Flanagan, MADD-With this bill, the host and minor will be accountable for the intoxication of the minor.

Catherine LeVasseur, Clinton, CT-As a student, I'm constantly bombarded with elaborate tales of teenagers binge drinking, passing out, participating in various activities that sober people would not, and constantly putting themselves and others in dangers. We need to act for the elementary school students who are now experimenting with alcohol.

Sheryl Sprague, Substance Abuse Prevention Coordinator, Town of Glastonbury Human Services Department-92.5% of Glastonbury 11-12 graders responded that “getting arrested for drinking” was the most important factor in preventing alcohol use. By enacting a statewide provision, we will send a strong consistent message that underage drinking is not an acceptable behavior and will no longer be considered the social norm or merely a rite of passage for teens.

Chief Anthony Salvatore and Chief James Strillacci, Connecticut Police Association-It is clear that the Legislature intended to keep liquor away from minors, but no statute bars minors from having liquor on private property. A patchwork of local ordinances is a poor substitute for action by the General Assembly.

Matthew J. Cook, Research Analyst and Clinical Instructor, Department of Community Medicine, UConn Health Center

David Pease, Wilton Resident

Maureen Ryder, Durham Resident

Kathryn Onorato, Concerned Citizen

Stephen Guest, Member, West Hartford Substance Abuse Commission

Chris DiStefano, Youth Chair, Connecticut to Stop Underage Drinking

NATURE AND SOURCES OF OPPOSITION:

Nothing Submitted