Legislature(1997 - 1998)

03/05/1997 01:48 PM JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
        HB  22 CIV.LIAB.:ILLEGAL SALE OF ALCOHOL/DRUGS                       
                                                                               
  REPRESENTATIVE IVAN IVAN  presented his sponsor statement for the            
 record.  HB 22 closes a loophole in current law that exempts those            
 who sell liquor without a license or those who sell or barter a               
 controlled substance from any civil liability for the damages that            
 may be caused by the buyer's actions while under the influence.  An           
 injured party can be an individual, as well as the state, or a                
 political subdivision of the state.  Civil damages include personal           
 injury, death or injury to property.                                          
                                                                               
  CHAIRMAN TAYLOR  questioned whether any limitation on non-economic           
 damages is placed in HB 22.                                                   
                                                                               
  TOM WRIGHT , staff to Representative Ivan, answered that issue was           
 not addressed by the House Judiciary Committee.    CHAIRMAN TAYLOR            
 asked whether bootleggers and drug dealers will get the benefit of            
 caps on punitive and non-economic damages.  He noted it is rare to            
 see a bill that encourages people to use the civil litigation                 
 process to recover damages and he wants to make sure this bill will           
 not protect the bootleggers.   MR. WRIGHT  replied the intent is to           
 not protect the bootleggers.                                                  
                                                                               
 Number 322                                                                    
                                                                               
  SENATOR PARNELL  asked whether ongoing cases would be affected by            
 the July 1, 1997 effective date.   MR. WRIGHT  said he understood the         
 bill will only affect actions that take place after July 1.                   
  CHAIRMAN TAYLOR  verified the bill's intent is prospective, not              
 retroactive.                                                                  
                                                                               
  SENATOR PARNELL  moved CSHB 22(JUD) from committee with individual           
 recommendations and the accompanying fiscal notes.  There being no            
 objection, the motion carried.                                                

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