Report Title:
Alcoholic Beverages; Civil Third-Party Liability; Minors
Description:
Imposes civil third-party liability on persons selling or providing alcoholic beverages or on persons owning or controlling premises on which alcoholic beverages are consumed, for damages caused by intoxication of persons under age 21. Prohibits certain subrogation claims. Prohibits adults from providing liquor for consumption or use by a minor. Exempts sales of alcoholic beverages licensed under chapter 281. (SD2)
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THE SENATE |
S.B. NO. |
1234 |
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TWENTY-SECOND LEGISLATURE, 2003 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
Relating to alcoholic beverages.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 663, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"Part . CIVIL ACTION; INTOXICATION OF PERSONs
UNDER AGE TWENTY-ONE
§663-A Right of action. (a) Any person twenty-one years or older who:
(1) Sells, furnishes, provides, or makes alcoholic beverages available to a person under the age of twenty-one years; or
(2) Owns, occupies, or controls premises on which alcoholic beverages are consumed by any person under twenty-one years of age, who knows or reasonably should know of alcohol consumption by persons under twenty-one years of age on such premises, and who reasonably could have prohibited or prevented such alcohol consumption;
shall be liable for all injuries or damages caused by an intoxicated person under twenty-one years of age.
(b) This section shall not apply to sales licensed under chapter 281.
(c) An intoxicated person under the age of twenty-one years who caused the injury shall have no right of action under this part.
§663-B Subrogation claims denied. There shall be no recovery for any subrogation claim pursuant to any subrogation clause of an uninsured, underinsured, collision, or other first-party coverage as a result of payments made to persons who have claims that arise in whole or in part under this part."
SECTION 2. Section 281-101.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) No adult shall provide or purchase liquor for consumption or use by a [minor.] person under twenty-one years of age."
SECTION 3. This Act shall apply only to causes of action based upon acts or omissions occurring on or after its effective date.
SECTION 4. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.