Tim Rounds files underage drinking bill

By David Montgomery
Published/Last Modified on Tuesday, Feb 02, 2010 - 04:04:17 pm CST

Rep. Tim Rounds remains convinced his bill to allow 19- and 20-year-olds to drink is the right thing to do. And despite doubts among his peers in the Legislature, Rounds said many of them agree with him.

“Most of them are interested,” said Rounds, R-Pierre. “A number support doing something but have a question with this part or that part. Highway funding is always a question.”

Rounds today introduced his drinking age bill, which would create a new class of on-sale malt beverage licenses for private clubs open to people aged 19 and 20. He believes his bill will bring young people who already drink at private parties off the streets and into a controlled environment — without costing South Dakota millions of dollars in federal highway money.

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The bill would allow 19- and 20-year-olds to drink only on the premises of these particular licensed establishments, which would have to be separate from holders of other alcohol licenses. It would not allow people under 21 to buy liquor, wine, or alcohol to consume outside of the underage bar.

Rounds said he is confident the language will satisfy the federal National Minimum Drinking Age Act of 1984, which withholds federal highway funds from states that allow people under 21 to purchase or publically possess alcohol.

But the federal law doesn’t forbid consumption of alcohol and has several exceptions, including alcohol for religious purposes, alcohol consumed with a parent, spouse or guardian over 21, or in “private clubs or establishments.”

“That’s what I’m doing, defining this as a private club,” Rounds said.

Individuals would have to apply for and be granted membership in order to buy alcohol at one of these establishments. Admission would start at age 19, and Rounds said he’s still considering whether to put an upper age limit on membership.

He said the prospect of a parent and child spending time together “shooting a game of pool and enjoying a beverage together” is something he’d like to encourage — as opposed to underage drinkers at private parties getting alcohol poisoning or driving home while intoxicated.

Even if his bill passes, though, Rounds isn’t sure if Pierre would see any of these establishments.

“I question that,” he said. “I don’t know if we have the population (of 19- and 20-year-olds) to support an on-sale-only establishment.”

Rounds expects these establishments to be most popular in college towns.

But first, Rounds needs to shepherd his bill through a skeptical legislature.

Many legislators, Rounds said, are in the same position as Rep. Lance Russell, R-Hot Springs.

“If we’re not going to lose our funding, I support it — as a former state’s attorney,” said Russell. “All (current law) does is put kids in the car, and there’s a lot of violence that occurs in these parties outside of town.”

Rounds said he won’t be surprised if lawmakers don’t pass the bill this year, but hopes it gets done sometime soon.

“It could get enough votes,” he said. “More than likely people are going to question it but want to revisit it some more between now and next year, and bring it back next year.”

Rounds is term-limited and won’t be in the Legislature next year.

Underlying Rounds’ push is a conviction that people between 18 and 20 are adults who should have full rights.

“At 18 you can sign contracts, you can vote, you can sue or be sued, you can get married. But there’s a limitation for one item at the age of 18,” he said.

He is compromising his own principles on one point, however — allowing students still in high school to drink. Rounds said he’s opposed to that and so is opening his proposed establishments at age 19 instead of 18 unless he can come up with a way for would-be club members to show they have graduated from high school.

Even if the bill doesn’t pass during Rounds’ final legislative session, he wants to educate his colleagues about alcohol law and lay the groundwork for future reform.

“Coming into this session, I didn’t think it would get very far,” he said. “The odds are it probably still won’t because of all the skepticism on the new idea — on something we just haven’t talked about in 20-some years.”

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