75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 971
Senate Bill 226
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Attorney General Hardy
Myers for Attorney General's Underage Drinking Task Force)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Authorizes Department of Human Services to approve education
programs for instructing persons found in violation of alcohol
control laws. Requires department to offer alcohol control law
education program if adequate private programs are not available.
Requires department to ensure program availability by July 1,
2010.
Appropriates moneys to department for 2009-2011 biennium for
carrying out department duties, powers and functions regarding
alcohol control law education programs.
Requires court to include participation in alcohol control law
education program in sentence for first or second violation of
law prohibiting supplying alcoholic liquor to underage
person. Applies to sentences imposed for offenses committed on or
after July 1, 2010.
Declares emergency, effective July 1, 2009.
A BILL FOR AN ACT
Relating to alcohol control law education programs; creating new
provisions; amending ORS 471.410; appropriating money; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2009 Act is added to and made
a part of ORS chapter 471. + }
SECTION 2. { + (1) The Department of Human Services may
approve education programs to provide persons convicted of
violating a provision of this chapter or ORS chapter 473 with
instruction regarding alcohol control law requirements. The
department shall adopt program standards by rule, including but
not limited to standards establishing the maximum fees to be
charged by a provider, the length and format of a program, the
times and mediums for delivery of a program, instructor
qualifications, program curricula and criteria for successful
completion of a program. The department may require program
providers to furnish reports to the department and may conduct
reasonable inspections of program records to verify the proper
operation of programs. The department may condition, suspend or
revoke approval for a program.
(2) The department may adopt rules establishing a fee to be
paid to the department by participants in alcohol control law
education programs. The fee shall be in addition to any fee the
provider charges for the program. A fee adopted under this
subsection may not exceed an amount reasonably calculated to
reimburse the department for the cost of administering and
enforcing this section. The department may require the program
provider to collect and forward the fee. Moneys received by the
department from a fee adopted under this subsection shall be
deposited to the credit of the Department of Human Services
Account and used by the department for the purpose of
administering and enforcing this section.
(3) If the department determines that one or more areas of this
state are not adequately served by alcohol control law education
programs offered through private providers, the department shall:
(a) Locate additional private providers to serve the areas;
(b) Develop an education program and make the program available
in the areas not adequately served by private providers; or
(c) Contract with public bodies to provide an education program
developed or approved by the department in the areas not
adequately served by private providers. + }
SECTION 3. ORS 471.410 is amended to read:
471.410. (1) No person shall sell, give or otherwise make
available any alcoholic liquor to any person who is visibly
intoxicated.
(2) No one other than the person's parent or guardian shall
sell, give or otherwise make available any alcoholic liquor to a
person under the age of 21 years. A person violates this
subsection who sells, gives or otherwise makes available
alcoholic liquor to a person with the knowledge that the person
to whom the liquor is made available will violate this
subsection.
(3) No person who exercises control over private real property
may knowingly allow any other person under the age of 21 years
who is not a child or minor ward of the person to consume
alcoholic liquor on the property, or allow any other person under
the age of 21 years who is not a child or minor ward of the
person to remain on the property if the person under the age of
21 years consumes alcoholic liquor on the property. The
prohibitions of this subsection apply only to a person who is
present and in control of the location at the time the
consumption occurs. The prohibitions of this subsection do not
apply to the owner of rental property, or the agent of an owner
of rental property, unless the consumption occurs in the
individual unit in which the owner or agent resides.
(4) A person who violates subsection (1) or (2) of this section
commits a Class A misdemeanor. Upon violation of subsection (2)
of this section, the court shall impose at least a mandatory
minimum sentence as follows:
(a) Upon a first conviction, a fine of $350.
(b) Upon a second conviction, a fine of $1,000.
(c) Upon a third or subsequent conviction, a fine of $1,000 and
not less than 30 days of imprisonment.
(5) The court shall not waive or suspend imposition or
execution of the mandatory minimum sentence required by
subsection (4) of this section. In addition to the mandatory
sentence { + , + } the court { + :
(a) Shall require a person sentenced under subsection (4)(a) or
(b) of this section to participate in an alcohol control law
education program administered under section 2 of this 2009 Act.
(b) + } May require the violator to make restitution for any
damages to property where the alcoholic liquor was illegally
consumed or may require participation in volunteer service to a
community service agency.
(6) The mandatory minimum penalty provisions of subsection (4)
of this section shall not apply to persons licensed or appointed
under the provisions of this chapter.
(7) A person who violates subsection (3) of this section
commits a violation. Upon violation of subsection (3) of this
section, the court shall impose at least a mandatory minimum fine
as follows:
(a) Upon a first conviction, a fine of $350.
(b) Upon a second or subsequent conviction, a fine of $1,000.
(8) Nothing in this section prohibits any licensee under this
chapter from allowing a person who is visibly intoxicated from
remaining on the licensed premises so long as the person is not
sold or served any alcoholic liquor.
SECTION 4. { + In addition to and not in lieu of any other
appropriation, there is appropriated to the Department of Human
Services, for the biennium beginning July 1, 2009, out of the
General Fund, the amount of $1, which may be expended for
carrying out the duties, functions and powers of the department
with regard to alcohol control law education programs. + }
SECTION 5. { + (1) The Department of Human Services shall take
all actions necessary and proper to ensure that an adequate
number of alcohol control law education programs, as described in
section 2 of this 2009 Act, are available in all areas of this
state no later than July 1, 2010.
(2) The amendments to ORS 471.410 by section 3 of this 2009 Act
apply to persons sentenced for offenses committed on or after
July 1, 2010. + }
SECTION 6. { + This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2009 Act takes effect July 1,
2009. + }
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