senate Bill S565A

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

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • 23 / Feb / 2011
    • COMMITTEE DISCHARGED AND COMMITTED TO ALCOHOLISM AND DRUG ABUSE
  • 10 / Mar / 2011
    • AMEND AND RECOMMIT TO ALCOHOLISM AND DRUG ABUSE
  • 10 / Mar / 2011
    • PRINT NUMBER 565A
  • 14 / Mar / 2011
    • 1ST REPORT CAL.218
  • 15 / Mar / 2011
    • 2ND REPORT CAL.
  • 16 / Mar / 2011
    • ADVANCED TO THIRD READING
  • 13 / Jun / 2011
    • PASSED SENATE
  • 13 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 13 / Jun / 2011
    • REFERRED TO ECONOMIC DEVELOPMENT
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO ALCOHOLISM AND DRUG ABUSE
  • 19 / Jan / 2012
    • 1ST REPORT CAL.88
  • 23 / Jan / 2012
    • 2ND REPORT CAL.
  • 24 / Jan / 2012
    • ADVANCED TO THIRD READING
  • 06 / Feb / 2012
    • PASSED SENATE
  • 06 / Feb / 2012
    • DELIVERED TO ASSEMBLY
  • 06 / Feb / 2012
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS

Summary

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.

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Bill Details

Versions:
S565
S565A
Legislative Cycle:
2011-2012
Current Committee:
Assembly Corporations, Authorities And Commissions
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยง65-b, ABC L
Versions Introduced in 2009-2010 Legislative Cycle:
S943

Sponsor 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.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 565--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (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:].

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01985-02-1

S. 565--A                           2

  (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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