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SB 163: If Kids Are Drinking and You Know It, Go To Court

By twuecker on 2014.02.13

Last updated on 2014.02.14

The South Dakota Senate Tuesday voted to make it just a little bit harder for parents to escape culpability when their underage kids crack open a case of Keystone with their buddies on the back forty or host a kegger at the lake house.

SB 163 prohibits social hosts from knowingly permitting underage consumption of alcohol on the host's premises and makes any violation a Class 1 or Class 2 misdemeanor (depending on whether the underage consumer is under 18 or between 18 and the legal drinking age of 21). After an unsuccessful attempt with a similar bill last session, a revamped bill from prime sponsor Sen. Larry Lucas (D-Mission) passed the Senate 27-7.

The key difference between last year's failure and this year's passage is the addition of the word "knowingly." Social hosts would, under SB 163, only be held responsible for failing to stop underage drinking they actually know to be going on (taking "appropriate and effective" action to stop illegal drinking defends a social host against prosecution). Previously proposed wording would have held hosts responsible for anything they knew, "or should have known."

That distinction was good enough for Sen. Larry Rhoden (R-Union Center):

"There was broad testimony by a number of key organizations ... and I am satisfied that this is a sound piece of legislation and they've done their homework and they've covered their bases, and I'd urge your support."[Larry Rhoden, Senate floor speech, 2014.02.11, available on SDPB Statehouse Archive, timestamp 1:16:00]

South Dakota Public Broadcasting, which deserves overall kudos for its exhaustive Statehouse coverage, gets this one wrong when Nate Wek's online post labels SB 163 as an effort at "Protecting Property Owners From Underage Drinking." Though there is indeed more protection in 2014's SB 163 than in previous proposals, this bill would hold social hosts more accountable for underage drinking than does current state law. Social hosts only violate current law if they themselves provide the alcohol to the underage revelers. SB 163 creates consequences, albeit relatively minor ones, for property owners if they know underage drinking is happening on their property and don't do anything to stop it.

Sen. Craig Tieszen (R-Rapid City) points out how simple and reasonable such consequences are for adults who should know better:

"It is wrong for us, any of us as adults, to furnish alcohol to minors, to promote underage drinking. It's just as wrong for us to host underage drinking and allow that to knowingly take place." [Craig Tieszen, Senate floor speech, 2014.02.11, available on SDPB Statehouse Archive, timestamp 1:13:20]

I do have some concern that focusing so closely on what hosts "knowingly" allow to happen might deepen the existing culture of plausible deniability when it comes to parents and underage drinking. ("Party? What party? My son/daughter didn't tell me they were hosting a party!"; "Yes, Officer, I knew that the kids were getting together while we were out of town, but I am shocked ... shocked, I say! ... that there was drinking going on.") One reaction to the proposed law might be for hosts to ask fewer questions—to limit what they "know"—rather than take the sort of more active interest that might prevent a dangerous drinking situation from happening.

However, it is also important to ensure that property owners who are truly unaware of illegal behavior are protected from legal punishment for actions that are completely outside their realm of responsibility. If one of the underlying goals of SB 163 is to stop South Dakotans from flouting a legal drinking age that many consider arbitrary, it's important that the social host statute itself not seem arbitrary.

SB 163 shouldn't be the sole reason that parents and land/homeowners take an active interest in what happens at gatherings on their property. But it's a reasonable step toward encouraging social hosts to think twice about enabling illegal activity and to take action to stop it when they know it's going on.

Published in South Dakota

twuecker

If one’s home is defined exclusively by physical location, then I’m only about half South Dakotan. I was born in Kansas and lived there until my family moved to South Dakota when I was six. I spent the last 9 years living as a Mount Rushmore State expatriate, first in Minnesota and then in Ohio. However, for as long as I’ve been able to answer for myself when asked the question “Where are you from?”, the answer has always been “I’m from South Dakota.” To my way of thinking, home is more than where you reside. Home is where you long to be in the quiet moments when nothing else is on your mind; it’s who you care about and why you pay attention to a particular news item or milestone; it’s how you view the vast array of environments you encounter and what lens you use to see the world around you. Within that broader interpretation, South Dakota is—and always will be—my home. At this particular point in time and for the foreseeable future, South Dakota is also my physical home. I live in Brookings, where I work as a higher education administrator. My family still lives just down the road in Madison, and I’m fortunate to spend as much free time as possible on a family acreage in the Black Hills. I earned my bachelor’s degree in journalism and political science from SDSU, and this blog gives me a chance to more fully incorporate that interest and experience into my life. Coursework in state and local government or newswriting and reporting doesn’t inherently make me a more valuable contributor to the blogosphere than anyone who reads, writes for, or comments on these pages. I do hope, however, that this background gives me an eye for what might make an interesting topic and an ability to present the topic in a way that encourages thought and conversation. I readily associate myself with the identity of the Madville Times as “liberal media” for this great state. I am a registered Democrat and have campaigned for more than my fair share of progressive candidates in local, statewide, and national races. I don’t agree with everything said by individuals using the same “liberal,” “Democrat,” or “progressive” labels I use, but I find that my own views align more often than not with such folks and are more likely to align with them than with individuals who label themselves as “conservative,” “Republican,” or “traditional.” It’s important for all readers to understand that the labels I choose to use and the opinions I choose to express as a Madville Times author are solely reflective of me as an individual. Nothing I write here should be interpreted as the opinion of my employer (the South Dakota Board of Regents acting through the Administration of South Dakota State University) or of any group with which I affiliate myself personally or professionally. Likewise, my contributions carry only my personal authority and reputation as a private citizen and member of the greater South Dakota community—the same authority available to any Madville Times contributor. Nothing I write, unless explicitly stated, carries any added authority or reputation from individuals or organizations willing to associate themselves with me. All that said, I think it’s time for you, Dear Reader, to stop reading about me and start reading about the countless topics of greater importance contained within this site. I look forward to our discussions, debates, and discoveries!

2 Comments

  1. mike from iowa 2014.02.14

    All well and good,however,aren't parents in SoDak responsible/liable if their minor children go on a vandalism streak and break windows,mirrors,etc. even if the parents have no prior knowledge? Don't Mommy and/or Daddy face criminal charges if Junior skips school? Hopefully,
    someone with knowledge of codified law can answer. Happy Valentines Day Madville Mob,or most of you anyway!

  2. rollin potter 2014.02.14

    Hey Lucas, Do you not think FAITH and FORGIVENESS is not enough of a penalty for these people like you think FAITH and FORGIVENESS is enough of a penalty for these
    stallions raping these young students???!!!!!

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