Sponsor Statement for SB 58

In 1995, the Legislature passed and the Governor signed Senate Bill 46. This bill moved underage drinking offenses out of the juvenile justice system and into adult court. The new law also changed minor consuming from Class A Misdemeanor status to that of a violation with a fine of not less than $100.

SB 46 was intended to toughen enforcement of underage drinking laws by getting the offenders and their parents or guardians into adult court. Two problems have arisen since that passage of SB 46 which require that this issue be revisited.

Parents in several communities have complained that the new law is not having the intended effect. The $100 fine seems to have little impact on young people who receive $1000+ in the form of Permanent Fund Dividend payments each year.

And, District Court Judge Patricia Collins has ruled that minors charged under the MCA statute are entitled to a jury trial and a public defender, if they qualify, because their drivers' licenses are subject to revocation upon conviction. The Court of Appeals upheld that ruling on December 6, 1996.

Senate Bill 58 seeks to restore legislative intent to the process. It would make minor consuming a violation, subject to a fine of $250, on the first offense. The offense would revert to Class B Misdemeanor status for the second and subsequent offenses.

Senate Bill 58 would also divorce minor consuming from penalties against drivers' licenses, at least as far as the courts are concerned. Minors who consume alcohol would still lose their licenses through administrative action under the "Use It and Lose It" law, but it would no longer be a court action.

The $250 fine imposed by SB 58 would also strengthen the message that underage drinking is against the law, while falling below the threshold of fines which establish a "criminal" prosecution. More importantly, the increased fine would allow the establishment of a screening and referral program.

The Senate HESS version would reduce the second and subsequent offenses to class B misdemeanor status if they occur within two years of the first offense. That two year window will give ample opportunity to target problem drinkers. It should also serve to reduce the fiscal impact projected by the Public Defender Agency.

The second provision adopted in Senate HESS would incorporate the "junior" Alcohol Safety Action Program suggested in Senate Bill 71. It would allow the legislature to appropriate the $250 fines imposed by SB 58 to pay for this screening and referral program.

Adult offenders already pay for the ASAP program and should not be subject to increased drivers license reinstatement fees. Letting the kids pay for their own "junior" ASAP program through the $250 fine will add some accountability to this effort to address minor consuming.

The sponsor takes exception to the fiscal notes submitted for the HES Committee substitute. The Department of Law suggests a annual cost ranging from $127,000 to $133,500. The Public Defender Agency says the bill will add between $263,000 and $249,500 and necessitate three new full-time positions.

Copies of the fiscal notes submitted for SB 46 in 1995, when MCA was reduced from misdemeanor status to that of a violation, have been provided to the committee. Please note that when MCA was reduced from a misdemeanor, neither agency submitted a fiscal note showing a cost savings. They took no savings then and should not be allowed to show an increase now.

Sponsor Statement for Senate Bill 58

In 1995, the Legislature passed and the Governor signed Senate Bill 46. This bill moved underage drinking offenses out of the juvenile justice system and into adult court. The new law also changed minor consuming from Class A Misdemeanor status to that of a violation with a fine of not less than $100.

SB 46 was intended to toughen enforcement of underage drinking laws by getting the offenders and their parents or guardians into adult court. Two problems have arisen since that passage of SB 46 which require that this issue be revisited.

Parents in several communities have complained that the young offenders are laughing at the new law. The $100 fine seems to have little impact on young people who receive $1000+ in the form of Permanent Fund Dividend payments each year.

And, District Court Judge Patricia Collins has ruled that minors charged under the MCA statute are entitled to a jury trial and a public defender, if they qualify, because their drivers' licenses are subject to revocation upon conviction. The Court of Appeals upheld that ruling on December 6, 1996.

Senate Bill 58 seeks to restore legislative intent to the process. It would make minor consuming a violation, subject to a fine of $250, on the first offense. The offense would revert to Class A Misdemeanor status for the second and subsequent offenses.

Senate Bill 58 would also divorce minor consuming from penalties against drivers' licenses, at least as far as the courts are concerned. Minors who consume alcohol would still lose their licenses through administrative action under the "Use It and Lose It" law, but it would no longer be a court action.

In Baker v. Fairbanks, the State Supreme Court held that a "criminal" prosecution included any offense which carries a direct penalty which may result in the loss of a valuable license. Persons prosecuted for "criminal" offenses are entitled to a jury trial and court-appointed counsel.

By passing SB 58 the Legislature would effectively restore the intent of the 1995 law by eliminating the court-ordered loss of a drivers' license as a penalty for underage drinking.

The $250 fine imposed by SB 58 would also strengthen the message that underage drinking is against the law, while falling below the threshold of fines which establish a "criminal" prosecution.