Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jul 30, 2010 |
print number 1871a |
Jul 30, 2010 |
amend (t) and recommit to judiciary |
Jan 06, 2010 |
referred to judiciary |
Feb 09, 2009 |
referred to judiciary |
Senate Bill S1871
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
co-Sponsors
(D, WF) Senate District
(D) 15th Senate District
(D, WF) 46th Senate District
(D) Senate District
2009-S1871 - Details
- Current Committee:
- Senate Judiciary
- Law Section:
- General Obligations Law
- Laws Affected:
- Amd §11-101, Gen Ob L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S1025
2013-2014: S2334
2009-S1871 - Sponsor Memo
BILL NUMBER: S1871 TITLE OF BILL : An act to amend the general obligations law, in relation to compensation for injury caused by the illegal sale of intoxicating liquor PURPOSE : Extends dram shop liability to cover persons who sell false identification to persons under 21 years of age. SUMMARY OF PROVISIONS : Add a new subdivision 5 to section 11-101 of the general obligations law providing that any third party injured as the result of the illegal sale of alcohol shall have a right of action against any person who sells a minor false identification which is used to obtain or procure alcoholic beverages. JUSTIFICATION : Dram shop liability is the body of law governing the liability of taverns, liquor stores and other commercial establishments that serve
2009-S1871 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1871 2009-2010 Regular Sessions I N S E N A T E February 9, 2009 ___________ Introduced by Sens. KLEIN, ADAMS, BRESLIN, DIAZ, DILAN, HUNTLEY, C. JOHNSON, MONTGOMERY, ONORATO, OPPENHEIMER, PARKER, PERKINS, SAMP- SON, SAVINO, SCHNEIDERMAN, SERRANO, SMITH, STACHOWSKI, STAVISKY, STEWART-COUSINS, THOMPSON, VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the general obligations law, in relation to compensation for injury caused by the illegal sale of intoxicating liquor THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 11-101 of the general obligations law is amended by adding a new subdivision 5 to read as follows: 5. ANY PERSON WHO IS INJURED AS SET FORTH IN SUBDIVISION ONE OF THIS SECTION SHALL HAVE A RIGHT OF ACTION AGAINST ANY PERSON WHO SELLS TO A PERSON OR PERSONS UNDER THE AGE OF TWENTY-ONE YEARS FALSE IDENTIFICATION WHICH IS USED TO OBTAIN OR PROCURE LIQUOR OR ANY OTHER ALCOHOLIC BEVER- AGE. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05265-01-9
co-Sponsors
(D, WF) Senate District
(D) 15th Senate District
(D, WF) 46th Senate District
(D) Senate District
2009-S1871A (ACTIVE) - Details
- Current Committee:
- Senate Judiciary
- Law Section:
- General Obligations Law
- Laws Affected:
- Amd §11-101, Gen Ob L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S1025
2013-2014: S2334
2009-S1871A (ACTIVE) - Sponsor Memo
BILL NUMBER:S1871A TITLE OF BILL: An act to amend the general obligations law, in relation to compensation for injury caused by the illegal sale of alcoholic beverages to a person under the age of twenty-one years PURPOSE: Extends dram shop liability to cover persons who sell false identification to persons less than 21 years of age. SUMMARY OF PROVISIONS: Adds a new paragraph (b) to section 11-100(1) of the General Obligations Law providing that any third party injured as the result of the intoxication or impairment of ability of any person under the age of 21 years shall have a right of action against any person or entity that produced and directly or indirectly sold a minor false identification which was used to obtain or procure alcoholic beverages that led to the intoxication of the individual causing the injury. The former paragraph 11-100(1) has been re-identified as paragraph 11-100 (1)(a). Under proposed section 11-100 (1)(b), specific knowledge by the producer and seller of the fake identification that the minor procured alcoholic beverages with the identification is not necessary, as it is reasonably expected that when an identification is sold misrepresenting a minor's age, it could be used for illegal purposes. Case law has interpreted previous application of section 11-100 to require that the defendant had awareness of and authorized the
2009-S1871A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1871--A 2009-2010 Regular Sessions I N S E N A T E February 9, 2009 ___________ Introduced by Sens. KLEIN, ADAMS, ADDABBO, BRESLIN, DIAZ, DILAN, HASSELL-THOMPSON, HUNTLEY, C. JOHNSON, MONTGOMERY, ONORATO, OPPENHEIM- ER, PARKER, PERKINS, SAMPSON, SAVINO, SCHNEIDERMAN, SERRANO, SMITH, STACHOWSKI, STAVISKY, STEWART-COUSINS, THOMPSON, VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -- recommitted to the Committee on Judiciary in accord- ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general obligations law, in relation to compensation for injury caused by the illegal sale of alcoholic beverages to a person under the age of twenty-one years THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 11-100 of the general obligations law, as amended by chapter 274 of the laws of 1985, is amended to read as follows: 1. Any person who shall be injured in person, property, means of support or otherwise, by reason of the intoxication or impairment of ability of any person under the age of twenty-one years, whether result- ing in his OR HER death or not, shall have a right of action to recover actual damages against: (A) any person who knowingly causes such intoxication or impairment of ability by unlawfully furnishing to or unlawfully assisting in procuring alcoholic beverages for such INTOXICATED OR IMPAIRED person with know- ledge or reasonable cause to believe that such person was under the age of twenty-one years[.]; OR (B) ANY PERSON OR ENTITY THAT PRODUCES AND SELLS, DIRECTLY OR THROUGH A THIRD PARTY, A FALSE IDENTIFICATION DOCUMENT, AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION ONE HUNDRED FORTY-THREE OF THE GENERAL BUSINESS LAW, OR A FALSELY MADE, COMPLETED OR ALTERED WRITTEN INSTRU- MENT, AS SUCH TERMS ARE DEFINED IN SECTION 170.00 OF THE PENAL LAW, TO EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05265-04-0
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