Zero Tolerance for Underage Access Act Exposed

The Zero Tolerance for Underage Access Act was adopted by ALEC's Criminal Justice Task Force at the 2006 Spring Task Force Summit on April 22, 2006, approved by the full ALEC Board of Directors on May 23, 2006. ALEC has attempted to distance itself from this piece of legislation after the launch of ALECexposed.org in 2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into law.

ALEC Bill Text

Summary

This legislation establishes a zero-tolerance policy for adults who unlawfully provide alcohol to minors and for minors who unlawfully obtain or consume alcohol. The Zero Tolerance for Underage Access Act requires a mandatory six-month suspension of the driver’s licenses of any adult convicted of knowingly providing alcohol to a minor and also suspends the driving privileges for a minimum of six months for any minor convicted of illegal possession and/or consumption of alcohol. The legislation directs the courts to notify the state department of motor vehicles of convictions under this Act and directs the department of motor vehicles to automatically suspend the drivers license of the convicted person for a minimum of six months and a maximum of one year for repeat violations.

Model Legislation

Section 1. {Title.}

This Act shall be known and may be cited as the Zero Tolerance for Underage Access Act.

Section 2. {Purchase of alcohol for a minor; furnishing alcohol to a minor - Suspension of license.}

(A) In addition to any fine, order or punishment currently authorized or imposed by [cite existing applicable state provisions that:

(1) prohibit an adult from knowingly giving, purchasing, or furnishing alcohol to persons under the age of 21;

(2) prohibit adults from knowingly allowing persons under the age of 21 to use their drivers’ license to obtain alcohol; and

(3) prohibit a person under the age of 21 from unlawfully possessing, consuming, purchasing or attempting to purchase alcohol, or for misrepresentation of age by a minor to obtain alcohol] a person’s driver’s license is automatically suspended on final conviction of an offense under [cite existing applicable state provisions that:

(1) prohibit an adult from knowingly giving, purchasing, or furnishing alcohol to persons under the age of 21;

(2) prohibit adults from knowingly allowing persons under the age of 21 to use their drivers’ license to obtain alcohol; and

(3) prohibit a person under the age of 21 from unlawfully possessing, consuming, purchasing or attempting to purchase alcohol, or for misrepresentation of age by a minor to obtain alcohol].

(B) The department of motor vehicles may not issue a driver’s license to a person convicted of an offense under this section who, on the date of the conviction, did not hold a driver’s license.

(C) The period of suspension under this section is the 180 days after the date of a final conviction, and the period of license denial is the 180 days after the date the person applies to the department of motor vehicles form reinstatement or issuance of a driver’s license, unless the person has previously been denied a license under this section or had a license suspended, in which event the period of suspension is one year after the date of a final conviction, and the period of license denial is one year after the date the person applies to the department of motor vehicles for reinstatement or issuance of a driver’s license.

(D) This section does not apply to a business licensed pursuant to [cite applicable state alcohol beverage law provisions regarding licensing of retail sellers and servers of alcohol beverages,] or an employee or agent of the business acting in the course and scope of his or her employment.

Section 3. {Reporting procedure.}

The court shall order the department of motor vehicles to suspend the drivers’ license or permit of a person convicted of an offense to which this section applies, or if the person does not have a driver’s license or permit, to deny the issuance of a driver’s license or permit, for:

(A) 180 days, if the person has not been previously convicted of an offense to which this section applies; or

(B) one year, if the person has been previously convicted one or more times of an offense to which this section applies.

Section 4. {Severability clause.}

Section 5. {Repealer clause.}

Section 6. {Effective date.}

Adopted by ALEC’s Criminal Justice Task Force at the 2006 Spring Task Force Summit on April 22, 2006.

Approved by full ALEC Board of Directors May 23, 2006.