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.