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Social host liability held over

Published (4/22/2010)
By Mike Cook
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Knowingly letting a minor consume alcohol could be more costly.

Under current law, it is a misdemeanor for a person at least age 21 to knowingly furnish or permit alcoholic beverage consumption that results in the intoxication of an underage person.

“I used in this bill existing statute language,” said Rep. Dean Urdahl (R-Grove City), the sponsor of HF3637. “The only change is that it goes from a misdemeanor to a gross misdemeanor.” A gross misdemeanor carries a maximum penalty of one years’ imprisonment and a $3,000 fine.

The House Public Safety Policy and Oversight Committee laid the bill over April 15, although Rep. Debra Hilstrom (DFL-Brooklyn Center), the committee chairwoman, acknowledged that Urdahl would try to amend it onto a different bill on the House floor.

A companion, SF2965, sponsored by Sen. Amy Koch (R-Buffalo), awaits action by the Senate Judiciary Committee.

Urdahl said that law enforcement believes a larger penalty is a deterrent.

“We do have laws that establish penalties for underage drinking, but with the advent of the problem continuing to increase, they don’t seem to be having the desired effect,” he said.

Rep. Karla Bigham (DFL-Cottage Grove) said a number of local ordinances already exist, and wondered if the issue is best addressed at that level.

“I don’t discourage local ordinances, but it then becomes a patchwork, and I think this should be a standard across the state,” Urdahl countered.

Although, he “basically supports” the bill’s intent, Rep. Michael Paymar (DFL-St. Paul) said the Legislature has not done a very good job of reviewing the collateral consequences of what a gross misdemeanor means on someone’s record, as has been done with felonies. “I’ve heard stories of people being denied employment for a gross misdemeanor, when I always thought it was felony convictions,” said Paymar, chairman of the House Public Safety Finance Division, and who acknowledged he has supported increasing some criminal penalties to gross misdemeanors. “At some point I hope one of our committees examines that.”

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