HOUSE BILL No. 5463 January 14, 1998, Introduced by Rep. Scranton and referred to the Committee on Judiciary. A bill to amend 1933 (Ex Sess) PA 8, entitled "The Michigan liquor control act," by amending section 33b (MCL 436.33b), as amended by 1996 PA 492. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 33b. (1) A person less than 21 years of age shall not 2 purchase or attempt to purchase alcoholic liquor, consume or 3 attempt to consume alcoholic liquor, or possess or attempt to 4 possess alcoholic liquor, except as provided in this section and 5 section33a(1)624B(1) OF THE MICHIGAN VEHICLE CODE, 1949 PA 6 300, MCL 257.624B. Notwithstanding section 50, a person less 7 than 21 years of age who violates this subsection is guilty of a 8 misdemeanor punishable by the following fines and sanctions, and 9 is not subject to the penalties prescribed in section 50: 04208'97 LBO 2 1 (a) For the first violation a fine of not more than $100.00, 2 and may be ordered to participate in substance abuse prevention 3 or substance abuse treatment and rehabilitation services as 4 defined in section 6107 of the public health code,Act No. 3685of the Public Acts of 1978, being section 333.6107 of the6Michigan Compiled Laws1978 PA 368, MCL 333.6107, and designated 7 by the administrator of substance abuse services, and may be 8 ordered to perform community service and to undergo substance 9 abuse screening and assessment at his or her own expense as 10 described in subsection (3). THE PERSON IS ALSO SUBJECT TO SANC- 11 TIONS AGAINST HIS OR HER OPERATOR'S OR CHAUFFEUR'S LICENSE 12 IMPOSED IN SUBSECTION (4). 13 (b) For a second violation a fine of not more than $200.00, 14 and may be ordered to participate in substance abuse prevention 15 or substance abuse treatment and rehabilitation services as 16 defined in section 6107 ofAct No. 368 of the Public Acts of171978THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.6107, and des- 18 ignated by the administrator of substance abuse services, to per- 19 form community service, and to undergo substance abuse screening 20 and assessment at his or her own expense as described in subsec- 21 tion (3). The person is also subject to sanctions against his or 22 her operator's or chauffeur's license imposed in subsection (4). 23 (c) For a third or subsequent violation a fine of not more 24 than $500.00, and may be ordered to participate in substance 25 abuse prevention or substance abuse treatment and rehabilitation 26 services as defined in section 6107 ofAct No. 368 of the Public27Acts of 1978THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.6107, 04208'97 3 1 and designated by the administrator of substance abuse services, 2 to perform community service, and to undergo substance abuse 3 screening and assessment at his or her own expense as described 4 in subsection (3). The person is also subject to sanctions 5 against his or her operator's or chauffeur's license imposed in 6 subsection (4). 7 (2) A person who furnishes fraudulent identification to a 8 person less than 21 years of age, or notwithstanding subsection 9 (1) a person less than 21 years of age who uses fraudulent iden- 10 tification to purchase alcoholic liquor, is guilty of a 11 misdemeanor. The court shall order the secretary of state to 12 suspend, pursuant to section 319(5) ofAct No. 300 of the Public13Acts of 1949, being section 257.319 of the Michigan Compiled14LawsTHE MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 257.319, for a 15 period of 90 days, theoperatorOPERATOR'S orchauffeur16 CHAUFFEUR'S license of a person who is convicted of furnishing or 17 using fraudulent identification in violation of this subsection 18 and theoperatorOPERATOR'S orchauffeurCHAUFFEUR'S license 19 of that person shall be surrendered to the court. The court 20 shall immediately forward the surrendered license and an abstract 21 of conviction to the secretary of state. A suspension ordered 22 under this subsection shall be in addition to any other suspen- 23 sion of the person'soperatorOPERATOR'S orchauffeur24 CHAUFFEUR'S license. 25 (3) The court may order the person found violating subsec- 26 tion (1) to undergo screening and assessment by a person or 27 agency as designated by the substance abuse coordinating agency 04208'97 4 1 as defined in section 6103 ofAct No. 368 of the Public Acts of21978, being section 333.6103 of the Michigan Compiled LawsTHE 3 PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.6103, in order to deter- 4 mine whether the person is likely to benefit from rehabilitative 5 services, including alcohol or drug education and alcohol or drug 6 treatment programs. 7 (4) Immediately upon the entry of a conviction or a probate 8 court disposition for a violation of subsection (1), the court 9shall consider all prior convictions or probate court disposi-10tions of subsection (1), or a local ordinance or law of another11state substantially corresponding to subsection (1), andshall 12 impose the following sanctions: 13 (a) If the court finds that the personhas 1 such prior14conviction or probate court dispositionIS LESS THAN 18 YEARS OF 15 AGE, the court shall order the secretary of state to suspend the 16 operator's or chauffeur's license of the personfor a period of17 UNTIL THE PERSON REACHES 18 YEARS OF AGE BUT FOR not less than 90 18 daysor more than 180 days. The court may order the secretary19of state to issue to the person a restricted license after the20first 30 days of the period of suspension in the manner described21in subsection (5) and provided for in section 319 of Act No. 30022of the Public Acts of 1949, being section 257.319 of the Michigan23Compiled Laws.AND SHALL NOT ORDER THE SECRETARY OF STATE TO 24 ISSUE A RESTRICTED LICENSE. In the case of a person who does not 25 possess an operator's or chauffeur's license, the secretary of 26 state shall deny the application for an operator's or chauffeur's 27 license for the applicable suspension p