SENATE DOCKET, NO. 1432        FILED ON: 1/18/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 145

The Commonwealth of Massachusetts

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PRESENTED BY:

Bruce E. Tarr

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to reduce the furnishing or procuring of alcohol to a minor by an adult..

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PETITION OF:

SENATE DOCKET, NO. 1432        FILED ON: 1/18/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 145

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 135 OF 2011-2012.]

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act to reduce the furnishing or procuring of alcohol to a minor by an adult..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Section 34 of Chapter 138 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by adding after the word "both." in line 17 the following sentences: -

A conviction or an admission of sufficient facts to a violation of this section shall be reported forthwith to the registrar of motor vehicles by the court.  Upon receipt of such notice, the registrar shall thereupon suspend for not less than 60 days and not more than two years the violators license or right to operate a motor vehicle; provided further that any person whose license is terminated under this section may apply for and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license for employment or education purposes, which license shall be valid for a period of not more than one year, and which shall be effective for not more than an identical twelve hour period every day on the grounds of hardship and a showing by the person that the causes of the present and past violations have been dealt with, and the registrar may issue such license under such terms and conditions as appropriate and necessary; and provided, further, that such person may, after the expiration of one year from the date of conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license on a limited basis on the grounds of hardship and a showing by the person that the causes of the present and past violations have been dealt with or brought under control and the registrar may issue such a license under such terms and conditions as appropriate and necessary.              

Persons serving or distributing alcoholic beverages pursuant to sections 12 and 15 of chapter 138 shall not be subject to the provisions of this act.

SECTION 2.  Section 34D of Chapter 138 of the General Laws, as so appearing, is hereby amended by adding, after the word "alcohol" in line 7, the following: - "and the penalties set forth in Section 34 of this chapter for the sale, delivery or furnishing of alcoholic beverages to persons under the age of 21."