AN ACT CONCERNING UNDERAGE DRINKING.

File No.:MADD PRIORITY-1
Bill No.:	HB-6901
PH Date:	3/21/2005
Action/Date:MADD PRIORITY	JF 04/01/05
Reference Change: INVESTIGATE RAISING DRINKING AGE

Each year, many youths are injured and/or killed in accidents linked to underage drinking. Many towns have adopted ordinances very similar to this bill. However, the Connecticut Police Chiefs Association sees the need for a consistent, statewide law.

Attorney General Richard Blumenthal - Supports the bill. "This legislation is modeled on ordinances that have been adopted by more than 40 towns throughout Connecticut reflecting almost half our state's population. Where approved, the ordinances have substantially reduced the frequency of such parties by approximately 50%. The General Assembly should adopt a statewide law that will prevent serious injury and death to our youth associated with underage drinking."

Several years ago, after two teens were killed in Glastonbury at a party hosted by an adult where alcohol was served, Glastonbury officials asked for my help in drafting an ordinance that would provide authority to fine adults who host teenage alcohol parties. The ordinance has a fine of not more than $99.00 - but punishment is not the real reason for the ordinance. In fact, there already are criminal sanctions and civil liability for serving alcohol to minors, but most of these penalties occur after there has been an injury or death. In contrast, Glastonbury's ordinance enables police to intervene before tragedy strikes, when they become aware of a private teenage alcohol party. This intervention is a key preventive measure because it allows the police to stop the party and ensure that teens safely return home.

This legislation, like local ordinances, would provide support and enforcement to responsible parents and young people. It is a deterrent, giving police a measure that helps prevent tragedy and irresponsible acts before they happen.

This legislation would not violate the Fourth Amendment constitutional protections because it does not authorize any specific search by police or new search and seizure powers by any law enforcement authority. Rather, the legislation prohibits specific conduct on private property - providing alcohol to minors and possession by them under certain circumstances.

The law does not reduce the constitutional threshold for police to enter private property. They must have probable cause or a warrant.

Chief State's Attorney Christopher Morano - The Division of Criminal Justice supports this bill. However, the proposed penalty of an infraction, usually a minimal fine payable by mail, does not adequately recognize the irresponsible action. The penalties for both actions should be a misdemeanor.

In the past it has been suggested that legislative proposals of this type would allow the police to enter an individual's home to investigate underage drinking without cause. This is simply not true. As with the investigation of any event, a police officer would need probable cause to arrest an individual on this offense and all constitutional protections would apply not only to individuals but also their homes. This bill cannot and will not infringe upon the protections embodied in the Fourth and Fifth Amendment of the U.S. Constitution.

James Papillo, Office of Victim Advocate - Supports the bill. According to the Community Anti-Drug Coalitions of America, the median age at which children begin drinking is 13. Far too many incidents of underage drinking have occurred in which the outcome has been the worst possible scenario for a parent to face. Many promising young lives have been needlessly lost as a result of underage drinking.

Mothers Against Drunk Driving (MADD) - "Nearly 47% of Connecticut's 9^th and 10^th graders report using alcohol in the past thirty days. By the time they are seniors, 61% report using alcohol at least once a month. Nearly 80% of youth drinking obtain their alcohol at home with or without permission."

Representative Sonny Googins, 31^st District - It is my pleasure and privilege to support this bill. Glastonbury already has a similar regulation.

Daria Keyes, Executive Director, East of the River Action for Substance Abuse Elimination, Inc. (ERASE) - "Just as it is illegal for any person to provide alcohol to a minor, it should also be illegal for anyone to allow a person under the age of 21 to consume alcohol in their residence, unless the individual is accompanied by his or her parent or guardian."

Chiefs Anthony Salvatore and James Strillacci, Connecticut Police Chiefs Association - "A patchwork of local ordinances is no match for action by the General Assembly. The state should adopt a uniform law prohibiting underage drinking on private property."

Tyrone Waters, New Britain -This bill plays a vital part in reducing Connecticut's problem of underage drinking. Connecticut's underage drinking rate is 26% greater than the regional and national average.

Vincent Nolan, Jr., Common Council President, City of Danbury - "Like a number of communities throughout the state, Danbury is currently considering the adoption of a local ordinance to address underage drinking. Just recently, we have referred an initially proposed ordinance back to committee for further consideration, pending action by this legislature. We want to see what positive action may be taken by you or other committees of the legislature, which might supersede or support anything that we might do."

Allison King, Guilford - "The average age kids in Connecticut start drinking is 11 years old, which is 2 years earlier than the national age at which youth start drinking, 13."

Timothy Ellison, Glastonbury - The approval of this bill would send a forceful message that we need to limit underage drinking, whether it is on public or private property, in order to stop crashes, injuries and deaths that are completely preventable.

Richard LeGrier III, Program Coordinator, Capital Area Substance Abuse Council - I support his bill, however, I would ask you to consider the inclusion of a stronger penalty - misdemeanor with community service option for first-time adult offenders. I think that we need to offer penalties that can be realistically enforced by police and prosecutors and one that would send a stronger message to parents and other adults who host parties and serve alcohol to youth.

Richard Sears, First Selectman, Town of Washington - We are all on the same page when it comes to keeping our youth and all of our citizens safe and healthy. This bill will unify and support our efforts to curb underage drinking.

Catherine LeVasseur, Connecticut Coalition to Stop Underage Drinking, Killingworth - The sad truth is that more than 50% of high school students, and 68% of underage college students report to have driven after drinking.

Cleo White, Sr., Lead Children Services Worker, Department of Children and Families(DCF) - I strongly recommend HB 6901 as an effective means of strengthening current laws as it holds both adults and youths accountable regarding the use of alcohol.

Barbara Ellison, Glastonbury - I am a parent of a minor who died in a car crash because he was intoxicated behind the wheel. Our disciplinary measures to help our son were constantly undermined by other adults who either supplied alcohol and/or allowed our son and his peers to drink on their private property. Our son might still be alive if a statewide law, like the one being proposed in HB 6901, had been in force to punish those adults who supply alcohol to minors.

Linda Degutis, Chair, Connecticut Coalition to Stop Underage Drinking - According to the Department of Mental Health and Addiction Services, 43% of 7^th and 8^th graders say they obtain alcohol from home with their parents' permission, and 57% of high school students say they get alcohol from home. The laws prohibiting underage alcohol purchases and sales to minors are often ignored or circumvented. As a result, young people or adults do not take them seriously.

Sheryl Sprague CPP-R, Substance Abuse Prevention Coordinator, Town of Glastonbury

Sergeant Keith O'Brien, Youth Unit Supervisor, Glastonbury Police Department - In past years, Glastonbury had been experiencing a series of problems associated with large scale unsupervised house parties. One homeowner experienced $35,000 in damages when their 16 year old hosted an unsupervised party. This was followed by the tragic deaths of two East Hartford teens that attended an unsupervised alcohol party at the home of a 17-year-old Glastonbury resident.

Sparked by these events, we were committed to strengthening our local prevention efforts. In May of 1999, we followed the model created by the Town of Cheshire and enacted a local ordinance making Glastonbury the first town in recent years to prohibit possession of alcohol by minors on private property.

Craig Turner, Vice Chairman, Connecticut Coalition to Reduce Underage Drinking - Alcohol use is associated with the leading causes of death and injury to adolescents, accidents, homicide and suicide. In fact, alcohol is the only factor that is associated with all leading causes of death to adolescents. The crisis of underage drinking is known in every municipality. It's time to end the flaunting of the youth drinking culture in Connecticut.

The Office of Policy and Management (OPM) has funded several municipalities that have adopted local ordinances that makes alcohol possession on private property illegal as part of their Reduce Underage Drinking (RUD) strategy. To date, there has been no outcry of abuse of police power or concerns voiced over violations of individual rights.

Therese Duncan, Vice President, Legislation for the Connecticut Parent Teacher Association

Maureen Ryder, Youth Chair, Connecticut Coalition to Stop Underage Drinking, Durham

Juvenile Justice Advisory Committee (JJAC), OPM - "HB 6901 provides little by way of parameters or definitions to guide or constrain enforcement. The members of the JJAC are gravely concerned that police action in urban areas with higher police calls and police presence will inevitably lead to the bill's use for entry into homes and as a pretext for other investigative purposes with significant disproportionate minority impact."

File No.:	439
Bill No.:	HB-6901
PH Date:	3/21/2005
Action/Date:	JF/April 27, 2005
Reference Change:	Floor

To provide sanctions against adults who knowingly permit minors to possess alcohol on private property and prohibit the possession of alcohol by minors on private property.

Ken Sott		04/27/05
Reported by		Date