HCS SS SB 402 -- ALCOHOL-RELATED PROBLEMS OF MINORS

SPONSOR:  Gibbons (Johnson, 47)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Local
Government by a vote of 16 to 0.

This substitute changes the laws regarding underage drinking.  In
its main provisions, the substitute:

(1)  Specifies that every school district will develop a policy
by June 30, 2006, detailing the consequences for a student at
school if the student is found to be in possession or drinking
alcohol on school property or while participating in
extracurricular activities (Section 160.069, RSMo);

(2)  Makes it a class B misdemeanor for owners or renters to
permit underage drinking on their property; however, this does
not apply to parents or guardians.  Legal defenses to prosecution
under this section are specified (Section 311.310);

(3)  Adds visible intoxication and detectable blood-alcohol
content to the grounds for finding a minor guilty of the purchase
or possession of alcohol (Section 311.325);

(4)  Allows a minor who has pleaded to or been found guilty of
purchasing or possessing alcohol to have all records of the
violation expunged from his or her record after one year or upon
reaching the age of 21 provided that he or she has no other
alcohol-related conviction or enforcement contact.  Only one
expungement is allowed (Section 311.326);

(5)  Prohibits the Supervisor of the Division of Alcohol and
Tobacco Control from using minors to enforce the liquor laws
unless permissive standards are established that require the
minor:

(a)  To be 18 or 19 years of age;

(b)  To have a youthful appearance, excluding facial hair or a
receding hairline;

(c)  To carry correct identification and to produce it upon
request; and

(d)  To truthfully answer questions about his or her age.

The supervisor can neither participate in any investigation nor
discipline any licensed establishment when any law enforcement
agency chooses not to follow the permissive standards.   Minors
used in investigations are exempt from violations of Chapter 311
(Liquor Control Law) and Chapter 312 (Nonintoxicating Beer) when
under the control of a law enforcement agency (Section 311.722);

(6)  Specifies that any person who obtains, transfers, or uses
any means of identification for the purpose of manufacturing and
providing or selling a false identification card to a minor for
the purpose of purchasing or obtaining alcohol is guilty of a
class A misdemeanor (Section 570.223); and

(7)  Specifies that a person who was over 15 years of age but
less than 21 when he or she committed a violation of the purchase
or possession by a minor's law will have his or her driving
privileges suspended or revoked, including temporary permits and
intermediate licenses.  Suspension for a first offense will be 30
days, a second offense will be 90 days, and a third or subsequent
offense will be one year (Section 577.500).

FISCAL NOTE:  Estimated Cost on General Revenue Fund of Could
exceed $104,667 in FY 2006, Could exceed $105,600 in FY 2007, and
Could exceed $105,600 in FY 2008.  Estimated Income on Other
State Funds of 84,825 in FY 2006, $101,790 in FY 2007, and
$101,790 in FY 2008.

PROPONENTS:  Supporters say that the bill will be another step to
protect children, strengthen the underage drinking laws, and
bring accountability to those who provide alcohol to minors

Testifying for the bill were Senator Gibbons; Cole County
Prosecuting Attorney; Cole County Sheriff's Office; Mothers
Against Drunk Driving Missouri; Youth in Action; Jasper County
Sheriff's Office; Missouri Retailers Association; Missouri
Grocers' Association; Missouri Family Network; Missouri Baptist
Convention; Missouri's Youth/Adult Alliance; Partners in
Prevention; Missouri Association of Beverage Retailers; and
Missouri Petroleum Marketers and Convenience Store Association.

OPPONENTS:  There was no opposition voiced to the committee.

OTHERS:  Others testifying on the bill say schools already have
drug and alcohol policies in place making statutorily mandated
policies duplicative.

Others testifying on the bill was Missouri Association of
Secondary School Principals.

Julie Jinkens McNitt, Legislative Analyst

Missouri House of Representatives
93rd General Assembly, 1st Regular Session
Last Updated August 25, 2005 at 1:21 pm