STAND. COM. REP. 1411
Honolulu, Hawaii
, 2003
RE: S.B. No. 1234
S.D. 2
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Second State Legislature
Regular Session of 2003
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred S.B. No. 1234, S.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO ALCOHOLIC BEVERAGES,"
begs leave to report as follows:
The purpose of this bill is to establish civil liability for every adult who furnishes alcoholic beverages to individuals under the age of 21 or who owns or controls premises where the adult knows or reasonably should have known that persons under the age of 21 are consuming alcohol and who could have prohibited or prevented the consumption.
The Lieutenant Governor of the State of Hawaii, the Honolulu Police Department, Consumer Lawyers of Hawaii, the Easley Corporation, the Hawaii Food Industry Association, Mothers Against Drunk Drivers (MADD), Star Markets, and numerous concerned individuals, including several members and advisers of MADD-Hawaii Youth in Action, testified in support of this measure. The Hawaii Food Industry Association with the support of the Easley Corporation, Star Markets, and a concerned individual proposed amendments related to the authority of each county liquor commission to deal with purchases of intoxicating liquor.
Your Committee finds that underage drinking is a serious problem in Hawaii. Your Committee finds it essential to deter complacency on the part of any adult who condones or tolerates the acquisition or use of alcohol by children on premises under the adult's control. Your Committee realizes, however, that adults may have no way of knowing every detail of their children's activities on their premises.
Your Committee received testimony from retail merchants who bear the brunt of consequences in the event of unintentional sale of alcoholic beverages to minors. The retailer may be fined, and the clerk who made a mistake may be terminated, while the minor goes unpunished.
Accordingly, your Committee has amended this measure by:
(1) Deleting, as vague, the prohibition against making alcoholic beverages available to under age persons;
(2) Deleting the liability of an adult if the adult should reasonably have known of alcohol consumption by persons under 21 years of age on premises under the adult's control;
(3) Giving the county liquor commissions jurisdiction over unauthorized purchases of liquor;
(4) Amending motor vehicle licensing penalties to:
(a) Subject any person who repeatedly commits certain violations, including the display of a fictitious or fraudulently obtained driver's license, to a minimum possible fine of $500; and
(b) Require violators who are minors below the age of 18 who are under family court jurisdiction to either pay a $500 fine or lose their driver's license until the age of 18; and
(5) Making technical amendments for style and clarity.
As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1234, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1234,
S.D. 2, H.D. 1, and be placed on the calendar for Third Reading.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
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____________________________ ERIC G. HAMAKAWA, Chair |
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