senate Bill S628A

2011-2012 Legislative Session

Creates a social host law prohibiting the permitting of the consumption of alcoholic beverages by persons under the age of twenty-one years

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 19, 2012 reported and committed to codes
Jan 04, 2012 referred to alcoholism and drug abuse
Jun 24, 2011 committed to rules
Jun 01, 2011 amended on third reading (t) 628a
Mar 16, 2011 advanced to third reading
Mar 15, 2011 2nd report cal.
Mar 14, 2011 1st report cal.219
Feb 23, 2011 committee discharged and committed to alcoholism and drug abuse
Jan 05, 2011 referred to investigations and government operations

Votes

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Jan 19, 2012 - Alcoholism and Drug Abuse committee Vote

S628A
5
0
committee
5
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Alcoholism and Drug Abuse committee vote details

Alcoholism and Drug Abuse Committee Vote: Jan 19, 2012

aye wr (1)

Mar 14, 2011 - Alcoholism and Drug Abuse committee Vote

S628
6
0
committee
6
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Mar 14, 2011

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S628 - Bill Details

Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Add §65-e, ABC L
Versions Introduced in 2009-2010 Legislative Session:
S35

S628 - Bill Texts

view summary

Creates a social host law prohibiting the permitting of the consumption of alcoholic beverages by persons under the age of twenty-one years; provides that no person who is over the age of twenty-one years who owns, rents or controls a private residence shall permit the consumption of alcoholic beverages by any person under the age of twenty-one years who is present at any party, gathering or event on the premises of such person; defines "party, gathering or event" and "permit".

view sponsor memo
BILL NUMBER:S628

TITLE OF BILL:
An act to amend the alcoholic beverage control law, in relation to
permitting the consumption of alcoholic beverages by minors

PURPOSE:
Prohibits the permitting of the consumption of alcoholic beverages by
persons under the age of twenty-one years.

SUMMARY OF PROVISIONS:
Section 1. The alcoholic beverage control law is amended by adding a
new section 65-e.

Prohibits the consumption of alcoholic beverages by any person under
the age of twenty-one years on the premises of a private residence.

Section 2 defines the meaning of "Party, gathering or event" and
"Permit" for the purpose of this section.

Section 3 provides consequences for a violation of this section of law
as it relates to first time and multiple offenders.

JUSTIFICATION:
According to the National Institute on Alcohol Abuse and Alcoholism by
the time they reach the eighth grade, nearly 50 percent of adolescents
have had at least one drink, and over 20 percent report having been
"drunk". Approximately 20 percent of 8th graders and almost 50
percent of 12th graders have consumed alcohol within the past 30 days.
Among 12th graders, almost 30 percent report drinking on 3 or more
occasions per month. Approximately 30 percent of 12th graders engage
in heavy episodic drinking, now popularly termed "binge" drinking-that
is, having at least five or more drinks on one occasion within the
past 2 weeks-and it is estimated that 20 percent do so on more than
one occasion.

Motor vehicle crashes are the leading cause of death among youth ages
15 to 20. The rate of fatal crashes among alcohol-involved drivers
between 16 and 20 years old is more than twice the rate for
alcohol-involved drivers 21 and older. Alcohol use interacts with
conditions such as depression and stress to contribute to suicide, the
third leading cause of death among people between the ages of 14 and
25. In one study, 37 percent of eighth grade females who drank heavily
reported attempting suicide, compared with 11 percent who did not
drink. Sexual assault, including rape, occurs most commonly among
women in late adolescence and early adulthood, usually within the
context of a date. In one survey, approximately 10 percent of female
high school students reported having been raped. Research suggests
that alcohol use by the offender, the victim, or both, increases the
likelihood of sexual assault by a male acquaintance

Moreover, research has associated adolescent alcohol use with
high-risk sex (for example, having multiple sexual partners and
failing to use condoms). The consequences of high-risk sex also are
common in this age group, particularly unwanted pregnancy and sexually
transmitted diseases, including HIV / AIDS. According to a recent


study, the link between high-risk sex and drinking is affected by the
quantity of alcohol consumed.

People who begin drinking before age 15 are four times more likely to
develop alcohol dependence at some time in their lives compared with
those who have their first drink at age 20 or older. Some evidence
indicates that genetic factors may contribute to the relationship
between early drinking and subsequent alcoholism. Environmental
factors may also be involved, especially in alcoholic families, where
children may start drinking earlier because of easier access to
alcohol in the home, family acceptance of drinking, and lack of
parental monitoring.

For all of these reasons it is imperative that we provide an extra
financial deterrent to such actions above the criminal penalties now
enumerated.

EXISTING LAW:
None.

LEGISLATIVE HISTORY:
2009-2010:Referred to Mental Health and Developmental Disabilities
(S.35)
2008: Referred to Mental Health and Developmental Disabilities
(S.5518/A.7984)
2007: Passed the Senate (S.5518/A.7984)

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
The bill shall take effect on the sixtieth day after it shall have
become law.

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

                                   628

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  FUSCHILLO, DIAZ, LARKIN -- read twice and ordered
  printed, and when printed to be committed to the Committee on Investi-
  gations and Government Operations

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  permitting the consumption of alcoholic beverages by minors

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The alcoholic beverage control law is amended by  adding  a
new section 65-e to read as follows:
  S  65-E. PROHIBITION OF PERMITTING THE CONSUMPTION OF ALCOHOLIC BEVER-
AGES BY ANY PERSON UNDER THE AGE OF TWENTY-ONE YEARS. 1. NO  PERSON  WHO
IS  OVER  THE  AGE  OF  TWENTY-ONE  YEARS  WHO OWNS, RENTS OR CONTROLS A
PRIVATE RESIDENCE SHALL PERMIT THE CONSUMPTION OF ALCOHOLIC BEVERAGES BY
ANY PERSON, ACTUALLY OR APPARENTLY, UNDER THE AGE  OF  TWENTY-ONE  YEARS
WHO  IS PRESENT AT ANY PARTY, GATHERING OR EVENT ON THE PREMISES OF SUCH
PERSON.
  2. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE
THE FOLLOWING MEANINGS:
  (A)  "PARTY,  GATHERING  OR  EVENT"  SHALL  MEAN THREE OR MORE PERSONS
ASSEMBLED FOR A SOCIAL OCCASION OR ACTIVITY, WHERE AT LEAST ONE OF  SUCH
PERSONS IS NOT AN OWNER, TENANT OR REGULAR OCCUPANT OF THE PREMISES.
  (B)  "PERMIT" SHALL MEAN FAILING TO TAKE REASONABLE CORRECTIVE ACTION,
INCLUDING, BUT NOT LIMITED TO: (A) MAKING  A  PROMPT  DEMAND  THAT  SUCH
PERSON UNDER THE AGE OF TWENTY-ONE YEARS EITHER FORFEIT AND REFRAIN FROM
FURTHER CONSUMPTION OF SUCH ALCOHOLIC BEVERAGES OR DEPART FROM THE PREM-
ISES  OR  (B)  IF SUCH PERSON UNDER THE AGE OF TWENTY-ONE YEARS FAILS TO
COMPLY WITH SUCH REQUEST, EITHER PROMPTLY REPORTING SUCH CONSUMPTION  OF
ALCOHOL  BY  A MINOR TO THE LOCAL LAW ENFORCEMENT AGENCY OR TO ANY OTHER
PERSON HAVING A GREATER DEGREE OF AUTHORITY OVER  THE  CONDUCT  OF  SUCH
MINOR.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00389-02-1

S. 628                              2

  3.  A VIOLATION OF SUBDIVISION ONE OF THIS SECTION SHALL BE PUNISHABLE
FOR THE FIRST OFFENSE BY A FINE OF TWO HUNDRED FIFTY  DOLLARS;  FOR  THE
SECOND  OFFENSE  BY  A  FINE  OF FIVE HUNDRED DOLLARS; AND FOR THE THIRD
OFFENSE AND ANY SUBSEQUENT OFFENSE BY A FINE OF ONE THOUSAND DOLLARS  OR
IMPRISONMENT  FOR  A  TERM  NOT  TO  EXCEED ONE YEAR OR BY BOTH FINE AND
IMPRISONMENT.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

Co-Sponsors

S628A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Add §65-e, ABC L
Versions Introduced in 2009-2010 Legislative Session:
S35

S628A (ACTIVE) - Bill Texts

view summary

Creates a social host law prohibiting the permitting of the consumption of alcoholic beverages by persons under the age of twenty-one years; provides that no person who is over the age of twenty-one years who owns, rents or controls a private residence shall permit the consumption of alcoholic beverages by any person under the age of twenty-one years who is present at any party, gathering or event on the premises of such person; defines "party, gathering or event" and "permit".

view sponsor memo
BILL NUMBER:S628A

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to permitting
the consumption of alcoholic beverages by persons under the age of
twenty-one

PURPOSE:
Prohibits the permitting of the consumption of alcoholic beverages by
persons under the age of twenty-one years.

SUMMARY OF PROVISIONS:
Section 1. The alcoholic beverage control law is amended by adding a
new section 65-e.

o Prohibits the consumption of alcoholic beverages by any person under
the age of twenty-one years on the premises of a private residence.

o Defines the meaning of "Party, gathering or event" and "Permit" for
the purpose of this section.

o Provides penalties for a violation of this section of law as it
relates to first time (fine not to exceed $500) and multiple
offenders (second offense class B misdemeanor, third and subsequent
offenses is a class A misdemeanor).

Section 2. Effective date

JUSTIFICATION:
According to the National Institute on Alcohol Abuse and Alcoholism by
the time they reach the eighth grade, nearly 50 percent of
adolescents have had at least one drink, and over 20 percent report
having been "drunk".
Approximately 20 percent of 8th graders and almost 50 percent of 12th
graders have consumed alcohol within the past 30 days. Among 12th
graders, almost 30 percent report drinking on 3 or more occasions per
month. Approximately .30 percent of 12th graders engage in heavy
episodic drinking, now popularly termed "binge" drinking-that is,
having at least five or more drinks on one occasion within the past 2
weeks-and it is estimated that 20 percent do so on more than one
occasion.

Motor vehicle crashes are the leading cause of death among youth ages
15 to 20. The rate of fatal crashes among alcohol-involved drivers
between 16 and 20 years old is more than twice the rate for
alcohol-involved drivers 21 and older. Alcohol use interacts with
conditions such as depression and stress to contribute to suicide,
the third leading cause of death among people between the ages of 14
and 25. In one study, 37 percent of eighth grade females who drank
heavily reported attempting suicide, compared with 11 percent who did
not drink.
Sexual assault, including rape, occurs most commonly among women in
late adolescence and early adulthood, usually within the context of a
date. In one survey, approximately 10 percent of female high school
students reported having been raped. Research suggests that alcohol


use by the offender, the victim, or both, increases the likelihood of
sexual assault by a male acquaintance

Moreover, research has associated adolescent alcohol use with
high-risk sex (for example, having multiple sexual partners and
failing to use condoms). The consequences of high-risk sex also are
common in this age group, particularly unwanted pregnancy and
sexually transmitted diseases, including HIV/AIDS. According to a
recent study, the link between high-risk sex and drinking is affected
by the quantity of alcohol consumed.

People who begin drinking before age 15 are four times more likely to
develop alcohol dependence at some time in their lives compared with
those who have their first drink at age 20 or older. Some evidence
indicates that genetic factors may contribute to the relationship
between early drinking and subsequent alcoholism.
Environmental factors may also be involved, especially in alcoholic
families, where children may start drinking earlier because of easier
access to alcohol in the home, family acceptance of drinking, and
lack of parental monitoring.

For all of these reasons it is imperative that we provide an extra
financial deterrent to such actions above the criminal penalties now
enumerated.

EXISTING LAW:
None.

LEGISLATIVE HISTORY:
2009-10: Referred to Mental Health & Developmental Disabilities
(S.35)
2008: Referred to Mental Health & Developmental Disabilities
(S.5518/A.7984)
2007: Passed the Senate (S.5518/A.7984)

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
The bill shall take effect on the sixtieth day after it shall have
become law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 628--A
    Cal. No. 219

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  FUSCHILLO, DIAZ, LARKIN -- read twice and ordered
  printed, and when printed to be committed to the Committee on Investi-
  gations and Government Operations --  committee  discharged  and  said
  bill  committed  to  the  Committee  on  Alcoholism  and Drug Abuse --
  reported favorably from said committee, ordered to  first  and  second
  report,  ordered  to  a  third reading, amended and ordered reprinted,
  retaining its place in the order of third reading

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  permitting the consumption of alcoholic beverages by persons under the
  age of twenty-one

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The alcoholic beverage control law is amended by  adding  a
new section 65-e to read as follows:
  S  65-E. PROHIBITION OF PERMITTING THE CONSUMPTION OF ALCOHOLIC BEVER-
AGES BY ANY PERSON UNDER THE AGE OF TWENTY-ONE YEARS. 1. NO  PERSON  WHO
IS  OVER  THE  AGE  OF  TWENTY-ONE  YEARS  WHO OWNS, RENTS OR CONTROLS A
PRIVATE RESIDENCE SHALL PERMIT THE CONSUMPTION OF ALCOHOLIC BEVERAGES BY
ANY PERSON ACTUALLY OR APPARENTLY UNDER THE AGE OF TWENTY-ONE YEARS  WHO
IS  PRESENT  AT  ANY  PARTY,  GATHERING OR EVENT ON THE PREMISES OF SUCH
PERSON WHEN SUCH PERSON KNOWS OR HAS REASON TO  KNOW  THAT  SUCH  PARTY,
GATHERING OR EVENT IS TAKING PLACE AT HIS OR HER RESIDENCE.
  2.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
  (A) "PARTY, GATHERING OR EVENT"  SHALL  MEAN  THREE  OR  MORE  PERSONS
ASSEMBLED  FOR A SOCIAL OCCASION OR ACTIVITY, WHERE AT LEAST ONE OF SUCH
PERSONS IS NOT AN OWNER, TENANT OR REGULAR OCCUPANT OF THE PREMISES.
  (B) "PERMIT" SHALL MEAN FAILING TO TAKE REASONABLE CORRECTIVE  ACTION,
INCLUDING,  BUT  NOT  LIMITED  TO:  (I) MAKING A PROMPT DEMAND THAT SUCH
PERSON UNDER THE AGE OF TWENTY-ONE YEARS EITHER FORFEIT AND REFRAIN FROM

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00389-03-1

S. 628--A                           2

FURTHER CONSUMPTION OF SUCH ALCOHOLIC BEVERAGES OR DEPART FROM THE PREM-
ISES: OR (II) IF SUCH PERSON UNDER THE AGE OF TWENTY-ONE YEARS FAILS  TO
COMPLY  WITH SUCH REQUEST, EITHER PROMPTLY REPORTING SUCH CONSUMPTION OF
ALCOHOL  BY  A  PERSON  UNDER  THE  AGE  OF  TWENTY-ONE TO THE LOCAL LAW
ENFORCEMENT AGENCY OR TO ANY OTHER PERSON HAVING  A  GREATER  DEGREE  OF
AUTHORITY OVER THE CONDUCT OF SUCH MINOR.
  3.  NOTWITHSTANDING THE FOREGOING, THIS SECTION SHALL NOT APPLY IF THE
ALCOHOLIC BEVERAGE IS GIVEN: (I) BY A PARENT OR GUARDIAN WHO IS  PRESENT
AND  HAS  EXPRESSLY  PERMITTED  SUCH  CONSUMPTION; OR (II) FOR RELIGIOUS
PURPOSES.
  4. A VIOLATION OF SUBDIVISION ONE OF THIS SECTION SHALL BE  PUNISHABLE
FOR  THE FIRST OFFENSE BY A FINE NOT TO EXCEED FIVE HUNDRED DOLLARS; THE
SECOND OFFENSE SHALL BE A CLASS B MISDEMEANOR; AND THE THIRD OFFENSE AND
ANY SUBSEQUENT OFFENSE SHALL BE A CLASS A MISDEMEANOR.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

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