SENATE BILL NO. 989 March 3, 1998, Introduced by Senator VAN REGENMORTER and referred to the Committee on Judiciary. A bill to amend 1933 (Ex Sess) PA 8, entitled "The Michigan liquor control act," by amending section 33b (MCL 436.33b), as amended by 1996 PA 492. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 33b. (1)A personAN INDIVIDUAL less than 21 years 2 of age shall not purchase or attempt to purchase alcoholic 3 liquor, consume or attempt to consume alcoholic liquor, or pos- 4 sess or attempt to possess alcoholic liquor, except as provided 5 in this section and section 33a(1). Notwithstanding section 50, 6a personAN INDIVIDUAL less than 21 years of age who violates 7 this subsection is guilty of a misdemeanor punishable by the fol- 8 lowing fines and sanctions, and is not subject to the penalties 9 prescribed in section 50: 05780'98 TVD 2 1 (a) For the first violation a fine of not more than $100.00, 2 and may be ordered to participate in substance abuse prevention 3 or substance abuse treatment and rehabilitation services as 4 defined in section 6107 of the public health code,Act No. 3685of the Public Acts of 1978, being section 333.6107 of the6Michigan Compiled Laws1978 PA 368, MCL 333.6107, and designated 7 by the administrator of substance abuse services, and may be 8 ordered to perform community service and to undergo substance 9 abuse screening and assessment at his or her own expense as 10 described in subsection (3). 11 (b) For a second violation a fine of not more than $200.00, 12 and may be ordered to participate in substance abuse prevention 13 or substance abuse treatment and rehabilitation services as 14 defined in section 6107 ofAct No. 368 of the Public Acts of151978THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.6107, and des- 16 ignated by the administrator of substance abuse services, to per- 17 form community service, and to undergo substance abuse screening 18 and assessment at his or her own expense as described in subsec- 19 tion (3).The person is also subject to sanctions against his20or her operator's or chauffeur's license imposed in subsection21(4).22 (c) For a third or subsequent violation a fine of not more 23 than $500.00, and may be ordered to participate in substance 24 abuse prevention or substance abuse treatment and rehabilitation 25 services as defined in section 6107 ofAct No. 368 of the Public26Acts of 1978THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.6107, 27 and designated by the administrator of substance abuse services, 05780'98 3 1 to perform community service, and to undergo substance abuse 2 screening and assessment at his or her own expense as described 3 in subsection (3).The person is also subject to sanctions4against his or her operator's or chauffeur's license imposed in5subsection (4).6 (2) A person who furnishes fraudulent identification toa7personAN INDIVIDUAL less than 21 years of age, or notwithstand- 8 ing subsection (1)a personAN INDIVIDUAL less than 21 years of 9 age who uses fraudulent identification to purchase alcoholic 10 liquor, is guilty of a misdemeanor. The court shall order the11secretary of state to suspend, pursuant to section 319(5) of Act12No. 300 of the Public Acts of 1949, being section 257.319 of the13Michigan Compiled Laws, for a period of 90 days, the operator or14chauffeur license of a personPUNISHABLE BY IMPRISONMENT FOR NOT 15 MORE THAN 90 DAYS OR A FINE OF NOT MORE THAN $100.00, OR BOTH. 16 AN INDIVIDUAL who is convicted of furnishing or using fraudulent 17 identification in violation of this subsectionand the operator18or chauffeur license of that personshallbe surrendered19 SURRENDER HIS OR HER OPERATOR OR CHAUFFEUR LICENSE to the court. 20 The court shall immediately forward the surrendered license and 21 an abstract of conviction to the secretary of state.A suspen-22sion ordered under this subsection shall be in addition to any23other suspension of the person's operator or chauffeur license.24 (3) The court may orderthe person foundAN INDIVIDUAL 25 CONVICTED OF violating subsection (1) to undergo screening and 26 assessment by a person or agency as designated by the substance 27 abuse coordinating agency as defined in section 6103 ofAct05780'98 4 1No. 368 of the Public Acts of 1978, being section 333.6103 of the2Michigan Compiled LawsTHE PUBLIC HEALTH CODE, 1978 PA 368, MCL 3 333.6103, in order to determine whether thepersonINDIVIDUAL 4 is likely to benefit from rehabilitative services, including 5 alcohol or drug education and alcohol or drug treatment 6 programs. 7(4) Immediately upon the entry of a conviction or a probate8court disposition for a violation of subsection (1), the court9shall consider all prior convictions or probate court disposi-10tions of subsection (1), or a local ordinance or law of another11state substantially corresponding to subsection (1), and shall12impose the following sanctions:13(a) If the court finds that the person has 1 such prior con-14viction or probate court disposition, the court shall order the15secretary of state to suspend the operator's or chauffeur's16license of the person for a period of not less than 90 days or17more than 180 days. The court may order the secretary of state18to issue to the person a restricted license after the first 3019days of the period of suspension in the manner described in sub-20section (5) and provided for in section 319 of Act No. 300 of the21Public Acts of 1949, being section 257.319 of the Michigan22Compiled Laws. In the case of a person who does not possess an23operator's or chauffeur's license, the secretary of state shall24deny the application for an operator's or chauffeur's license for25the applicable suspension period.26(b) If the court finds that the person has 2 or more such27prior convictions or probate court dispositions, the court shall05780'98 5 1order the secretary of state to suspend the operator's or2chauffeur's license of the person for a period of not less than3180 days or more than 1 year. The court may order the secretary4of state to issue to the person a restricted license after the5first 60 days of the period of suspension in the manner described6in subsection (5) and provided for in section 319 of Act No. 3007of the Public Acts of 1949, being section 257.319 of the Michigan8Compiled Laws. In the case of a person who does not possess an9operator's or chauffeur's license, the secretary of state shall10deny the application for an operator's or chauffeur's license for11the applicable suspension period.12(5) In those cases in which a restricted license is allowed13under this section, the court shall not order the secretary of14state to issue a restricted license unless the person states15under oath, and the court finds based upon the record in open16court, that the person is unable to take public transportation to17and from his or her work location, place of alcohol or drug edu-18cation treatment, probation department, court-ordered community19service program, or educational institution, and does not have20any family members or others able to provide transportation. The21court order under subsection (4) and the restricted license shall22indicate the work location of the person to whom it is issued,23the approved route or routes and permitted times of travel, and24shall permit the person to whom it is issued only to do 1 or more25of the following:26(a) Drive to and from the person's residence and work27location.05780'98 6 1(b) Drive in the course of the person's employment or2occupation.3(c) Drive to and from the person's residence and an alcohol4or drug education or treatment program as ordered by the court.5(d) Drive to and from the person's residence and the court6probation department, or a court-ordered community service pro-7gram, or both.8(e) Drive to and from the person's residence and an educa-9tional institution at which the person is enrolled as a student.10(6) If license sanctions are imposed, immediately upon the11entry of a court-ordered sanction pursuant to subsection (4), the12court shall order the person convicted for the violation to sur-13render to the court his or her operator's or chauffeur's14license. The court shall immediately forward a notice of15court-ordered license sanctions to the secretary of state. If16the license is not forwarded to the secretary of state, an expla-17nation of the reason why the license is absent shall be18attached. If the finding is appealed to the circuit court, the19court may, ex parte, order the secretary of state to stay the20suspension issued pursuant to this section pending the outcome of21the appeal. Immediately following imposition of the sanction,22the court shall forward a notice to the secretary of state indi-23cating the sanction imposed.24 (4) THE SECRETARY OF STATE SHALL SUSPEND THE OPERATOR'S OR 25 CHAUFFEUR'S LICENSE OF AN INDIVIDUAL CONVICTED OF VIOLATING SUB- 26 SECTION (1) OR (2) AS PROVIDED IN SECTION 319 OF THE MICHIGAN 27 VEHICLE CODE, 1949 PA 300, MCL 257.319. 05780'98 7 1 (5)(7)A peace officer who has reasonable cause to 2 believea personAN INDIVIDUAL less than 21 years of age has 3 consumed alcoholic liquor may require thepersonINDIVIDUAL to 4 submit to a preliminary chemical breath analysis. A peace offi- 5 cer may arresta personAN INDIVIDUAL based in whole or in part 6 upon the results of a preliminary chemical breath analysis. The 7 results of a preliminary chemical breath analysis or other 8 acceptable blood alcohol test are admissible in a criminal prose- 9 cution to determine whether thepersonINDIVIDUAL less than 21 10 years of age has consumed or possessed alcoholic liquor.A11personAN INDIVIDUAL less than 21 years of age who refuses to 12 submit to a preliminary chemical breath test analysis as required 13 in this subsection is responsible for a state civil infraction 14 and may be ordered to pay a civil fine of not more than $100.00. 15 (6)(8)A law enforcement agency, upon determining thata16personAN INDIVIDUAL less than 18 years of age who is not eman- 17 cipatedpursuant to Act No. 293 of the Public Acts of 1968,18being sections 722.1 to 722.6 of the Michigan Compiled Laws19 UNDER 1968 PA 293, MCL 722.1 TO 722.6, allegedly consumed, pos- 20 sessed, purchased, or attempted to consume, possess, or purchase 21 alcoholic liquor in violation of subsection (1) shall notify the 22 parent or parents, custodian, or guardian of theperson23 INDIVIDUAL as to the nature of the violation if the name of a 24 parent, guardian, or custodian is reasonably ascertainable by the 25 law enforcement agency. The notice required by this subsection 26 shall be made not later than 48 hours after the law enforcement 27 agency determines that thepersonINDIVIDUAL who allegedly 05780'98 8 1 violated subsection (1) is less than 18 years of age and not 2 emancipatedpursuant to Act No. 293 of the Public Acts of 19683 UNDER 1968 PA 293, MCL 722.1 TO 722.6. The notice may be made by 4 any means reasonably calculated to give prompt actual notice 5 including, but not limited to, notice in person, by telephone, or 6 by first-class mail. Ifa personAN INDIVIDUAL less than 17 7 years of age is incarcerated for violating subsection (1), his or 8 her parents or legal guardian shall be notified immediately as 9 provided in this subsection. 10 (7)(9)This section does not prohibita personAN 11 INDIVIDUAL less than 21 years of age from possessing alcoholic 12 liquor during regular working hours and in the course of his or 13 her employment if employed by a person licensed by this act, by 14 the commission, or by an agent of the commission, if the alco- 15 holic liquor is not possessed for his or her personal 16 consumption. 17 (8)(10)This sectionshall not be construed toDOES NOT 18 limit the civil or criminal liability of the vendor or the 19 vendor's clerk, servant, agent, or employee for a violation of 20 this act. 21 (9)(11)The consumption of alcoholic liquor bya person22 AN INDIVIDUAL less than 21 years of age who is enrolled in a 23 course offered by an accredited post secondary educational insti- 24 tution in an academic building of the institution under the 25 supervision of a faculty member is not prohibited by this act if 26 the purpose of the consumption is solely educational and is a 27necessary ingredientREQUIREMENT of the course. 05780'98 9 1 (10)(12)The consumption bya personAN INDIVIDUAL less 2 than 21 years of age of sacramental wine in connection with reli- 3 gious services at a church, synagogue, or temple is not prohib- 4 ited by this act. 5 (11)(13)Subsection (1) does not apply toa personAN 6 INDIVIDUAL less than 21 years of age who participates in either 7 or both of the following: 8 (a) An undercover operation in which thepersonINDIVIDUAL 9 less than 21 years of age purchases or receives alcoholic liquor 10 under the direction of the person's employer and with the prior 11 approval of the local prosecutor's office as part of an 12 employer-sponsored internal enforcement action. 13 (b) An undercover operation in which thepersonINDIVIDUAL 14 less than 21 years of age purchases or receives alcoholic liquor 15 under the direction of the state police, the commission, or a 16 local police agency as part of an enforcement actionexcept that17anyUNLESS THE initial or contemporaneous purchase or receipt of 18 alcoholic liquor by the person less than 21 years of ageisWAS 19 NOT under the direction of the state police, the commission, or 20 the local police agency andisWAS NOT part of the undercover 21 operation. 22 (12) The state police, the commission, or a local police 23 agency shall not recruit or attempt to recruita personAN 24 INDIVIDUAL less than 21 years of age for participation in an 25 undercover operation at the scene of a violation of 26 subsection (1), section 22(3), or section 33(1). 05780'98 10 1 (13)(14)As used in this section: 2 (a) "Probate court disposition" means an order of 3 disposition of the probate court or the family division of the 4 circuit court for a child found to be within the provisions of 5 chapter XIIA ofAct No. 288 of the Public Acts of 1939, being6sections 712A.1 to 712A.32 of the Michigan Compiled Laws1939 PA 7 288, MCL 712A.1 TO 712A.22. 8 (b) "Work location" means, as applicable, either the spe- 9 cific place or places of employment, or the territory or territo- 10 ries regularly visited by the person in pursuance of the person's 11 occupation, or both. 12 Enacting section 1. This amendatory act takes effect May 1, 13 1998. 14 Enacting section 2. This amendatory act does not take 15 effect unless all of the following bills of the 89th Legislature 16 are enacted into law: 17 (a) Senate Bill No. 268. 18 (b) Senate Bill No. 269. 19 (c) Senate Bill No. 271. 20 (d) Senate Bill No. 625. 21 (e) Senate Bill No. 626. 22 (f) Senate Bill No. 627. 23 (g) Senate Bill No. 870. 24 (h) Senate Bill No. 953. 25 (i) Senate Bill No. 990. 26 05780'98 11 1 (j) Senate Bill No. 991. 2 05780'98 Final page. TVD