04/04/2011 01:30 PM Senate JUDICIARY

             SB  78-LIQUOR LICENSE HOLDER LIABILITY                                                                         
                                                                                                                              
1:50:33 PM                                                                                                                    
CHAIR FRENCH announced  the consideration of SB 78  and noted that                                                              
Senator  Paskvan  had  an  amendment  to  offer.  He  removed  his                                                              
objection  to the adoption  of the  CS that  was pending  from the                                                              
previous  hearing and  announced  that version  B  was before  the                                                              
committee.                                                                                                                      
                                                                                                                                
1:51:12 PM                                                                                                                    
SENATOR  PASKVAN   moved  to  adopt   Amendment  1,   labeled  27-                                                              
LS0282\B.1.                                                                                                                     
                                                                                                                                
CHAIR FRENCH objected for discussion purposes.                                                                                  
                                                                                                                                
SENATOR PASKVAN  explained that  the purpose  of the amendment  is                                                              
to limit  the liability exposure  to the owner's  insurance policy                                                              
and/or the taxicab  or limousine company's insurance  policy under                                                              
SB  78.  The   service  doesn't  fall  entirely   under  the  Good                                                              
Samaritan concept  because the professional company  is being paid                                                              
for  the service  it provides.  Professional  drivers are  engaged                                                              
and it  makes sense that the  company's insurance  coverage should                                                              
respond if their drivers hurt someone.                                                                                          
                                                                                                                                
CHAIR  FRENCH summarized  that  this  puts the  taxicab  company's                                                              
insurance  in place  if  the vehicle  owner's  insurance isn't  in                                                              
place when a driver delivers the vehicle home.                                                                                  
                                                                                                                                
SENATOR PASKVAN clarified that it's potentially both policies.                                                                  
                                                                                                                                
CHAIR  FRENCH  asked  Senator  McGuire  if  she'd  looked  at  the                                                              
amendment.                                                                                                                      
                                                                                                                                
1:52:48 PM                                                                                                                    
SENATOR MCGUIRE  said she  doesn't know  the implications  for the                                                              
program, but  at this stage  she's willing  to accept it  and move                                                              
forward.                                                                                                                        
                                                                                                                                
CHAIR  FRENCH  said  he'd  like  to know  if  it  jeopardizes  the                                                              
program.  He  added  that  he  initially  wasn't  aware  that  the                                                              
companies  are paid  to drive these  cars home.  Because they  are                                                              
being  paid and  these  are professional  drivers,  it seems  less                                                              
likely  that the  taxicab  company would  object  to having  their                                                              
insurance in place.                                                                                                             
                                                                                                                                
CHAIR  FRENCH removed  his objection  and announced  that with  no                                                              
further  objection  Amendment 1  is  adopted. Finding  no  further                                                              
discussion, he asked for a motion.                                                                                              
                                                                                                                                
1:54:06 PM                                                                                                                    
SENATOR WIELECHOWSKI  moved to report  CS for SB 78, version  B as                                                              
amended,  from  committee  with   individual  recommendations  and                                                              
attached fiscal note(s).                                                                                                        
                                                                                                                                
CHAIR  FRENCH  announced  that  without  objection,  CSSB  78(JUD)                                                              
moved from the Senate Judiciary Standing Committee.