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.