02/22/2002 01:10 PM House JUD

HB 281 - CIVIL LIABILITY FOR PROVIDING ALCOHOL                                                                                
                                                                                                                                
Number 0028                                                                                                                     
                                                                                                                                
CHAIR ROKEBERG announced  that the first order  of business would                                                               
be HOUSE  BILL NO. 281, "An  Act relating to civil  liability for                                                               
providing alcoholic beverages to a  person under 21 years of age;                                                               
and providing for an effective date."                                                                                           
                                                                                                                                
Number 0202                                                                                                                     
                                                                                                                                
REPRESENTATIVE  OGAN  moved  to   adopt  the  proposed  committee                                                               
substitute (CS)  for HB 281, version  22-LS1064\C, Ford, 2/20/02,                                                               
as a work draft.  There  being no objection, Version C was before                                                               
the committee.                                                                                                                  
                                                                                                                                
REPRESENTATIVE MEYER  explained that Version C  incorporates some                                                               
of the  ideas discussed  at the prior  hearing such  as retaining                                                               
strict liability  for licensees  and instituting  civil liability                                                               
for the  general public.   He also  noted that Version  C retains                                                               
the  term  "knowingly"  and  provides   a  definition  of  "civil                                                               
liability"  as  it  relates  to  this section  of  statute.    In                                                               
response to a  question, he said he  has not yet had  a chance to                                                               
find out whether homeowner's insurance  would protect the host of                                                               
a social gathering from civil liability.                                                                                        
                                                                                                                                
REPRESENTATIVE  BERKOWITZ asked  whether there  is a  distinction                                                               
between someone being civilly liable and someone being liable.                                                                  
                                                                                                                                
Number 0401                                                                                                                     
                                                                                                                                
MIKE  FORD, Attorney,  Legislative  Counsel,  Legal and  Research                                                               
Services Division,  Legislative Affairs  Agency, said no,  not in                                                               
this context.                                                                                                                   
                                                                                                                                
CHAIR ROKEBERG asked whether, by  retaining the term "knowingly",                                                               
negligence no longer has to be proven.                                                                                          
                                                                                                                                
MR. FORD said  that is correct.  He said  that "knowingly" is the                                                               
standard established  by Version C; therefore,  since "knowingly"                                                               
is defined in Title 4,  if someone "knowingly" furnishes alcohol,                                                               
that  person will  be civilly  liable.   In  response to  further                                                               
questions,  he   offered  that  "knowingly"  is   a  pretty  high                                                               
standard.  Therefore, simply having  alcohol available in a punch                                                               
bowl at a  party, for example, would not  automatically cause the                                                               
host to be  civilly liable; he indicated that it  would depend on                                                               
the facts of each particular case.                                                                                              
                                                                                                                                
REPRESENTATIVE  MEYER  said  that  his intention  is  to  address                                                               
situations in which it is obvious  that the adult knows he/she is                                                               
providing  alcohol  to underage  drinkers;  for  example, when  a                                                               
person is approached  outside of a liquor store and  asked to buy                                                               
alcohol by a youthful looking person.                                                                                           
                                                                                                                                
REPRESENTATIVE  BERKOWITZ  asked  if bootleggers  could  be  held                                                               
civilly liable under Version C.                                                                                                 
                                                                                                                                
MR. FORD said no.  A  bootlegger is someone who sells alcohol, he                                                               
noted, whereas Version C addresses  the issue of people providing                                                               
alcohol to underage drinkers.   He assured the committee that the                                                               
nonlicensee  bootlegger is  still  held to  the strict  liability                                                               
standard.                                                                                                                       
                                                                                                                                
Number 0701                                                                                                                     
                                                                                                                                
REPRESENTATIVE OGAN moved to report  HB 281, version 22-LS1064\C,                                                               
Ford, 2/20/02,  out of committee with  individual recommendations                                                               
and  the  accompanying   zero  fiscal  note.     There  being  no                                                               
objection, CSHB  281(JUD) was reported  from the  House Judiciary                                                               
Standing Committee.