Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Transportation, Military Affairs, and Government Operations, to which was referred S.B. No. 308 entitled:

begs leave to report as follows:

The purpose of this measure is to authorize each county Liquor Commission to take legal action against persons who purchase intoxicating liquor illegally.

Your Committee received testimony in support of this measure from the Retail Liquor Dealers, the Hawaii Food Industry Association, Okimoto Corporation, the Easley Corporation, and a concerned citizen. The Hawaii County Liquor Commission submitted testimony in opposition to this measure.

Your Committee finds that the prevalence of underage drinking is a tremendous problem in Hawaii, with attendant social costs. Our existing laws, which target those who sell intoxicating liquor to underage drinkers, have proven inadequate to deal with the severity of the problem.

This measure is primarily aimed at persons of legal drinking age who purchase alcohol for consumption by minors. Your Committee believes that these individuals must be subject to stronger criminal penalties under the law.

Your Committee recognizes that minors who illegally purchase intoxicating liquor, with a fake identification card or otherwise, will also be subject to the Liquor Commissions' increased authority under this measure.

Based on concerns raised that minors are exclusively subject to the jurisdiction of the family court, your Committee has amended this measure to provide alternative penalties to be imposed by the family court for violators under age eighteen. Your Committee also inserted a minimum fine of $500 for repeat violators.

Finally, your Committee made a technical, nonsubstantive amendment.

As affirmed by the record of votes of the members of your Committee on Transportation, Military Affairs, and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 308, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 308, S.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.