Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Human Services, to which was referred S.B. No. 1234 entitled:

begs leave to report as follows:

The purpose of this measure is to impose civil third-party liability for damages caused by the intoxication of persons under twenty-one years of age and to prohibit adults from providing liquor for consumption or use by persons under twenty-one years of age.

Testimony in support of this measure was submitted by Mothers Against Drunk Driving (MADD)—Hawaii; MADD-Hawaii Youth in Action; and five concerned citizens. Testimony in support of the intent of this measure was submitted by the Hawaii Food Industry Association. Testimony opposing this measure was submitted by the Consumer Lawyers of Hawaii.

Your Committee finds that underage drinkers pose a danger to themselves and others, particularly when they drink and drive. High school students around the country report that one-third to one-half of those who wish to drink obtain alcoholic beverages from adults. In 2000, MADD-Hawaii sponsored a Hawaii Youth Summit. The leading recommendation from the youth representatives to the Hawaii Summit was to increase the education and liability of parents and other adults relating to providing alcohol to minors. This measure would impose civil third-party liability on adults who provide alcoholic beverages to a person under twenty-one years of age who subsequently injures or kills another. According to MADD-Hawaii, thirty-one other states have adopted social host liability through statute or case law.

Your Committee finds that this issue raises concerns that merit further consideration by the Committee on the Judiciary and Hawaiian Affairs. Your Committee requests that the Committee on Judiciary and Hawaiian Affairs closely examine the potential impacts of this measure if enacted.

Your Committee has amended this measure by:

As affirmed by the record of votes of the members of your Committee on Human Services that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1234, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1234, S.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.