Report Title:

Alcoholic Beverages; Civil Third-Party Liability; Minors

Description:

Imposes civil third-party liability for damages caused by intoxication of persons under age 21. Prohibits certain subrogation claims. Excludes certain homeowner's insurance coverage. Prohibits adults from providing liquor for consumption or use by a minor.

HOUSE OF REPRESENTATIVES

H.B. NO.

882

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

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) A spouse, child, parent, guardian, employer, or other person injured in person, property, or means of support, or who incurs other pecuniary loss, by an intoxicated person under twenty-one years of age or by the intoxication of another person under twenty-one years of age, has for all damages sustained a right of action in the person's own name against a person who is twenty-one years or older who:

(1) Had control over the premises and, being in a reasonable position to prevent the consumption of alcoholic beverages by that person, knowingly or recklessly permitted that consumption and the consumption caused the intoxication of that person; or

(2) Sold, bartered, furnished, or gave to, or purchased for a person under the age of twenty-one years alcoholic beverages that caused the intoxication of that person.

This subsection does not apply to sales licensed under chapter 281.

(b) All damages recovered by a minor under this part shall be paid either to the minor or to the minor's parent, guardian, or next friend as the court directs.

(c) An intoxicated person under the age of twenty-one years who caused the injury has no right of action under this part.

663-B Subrogation claims denied. There shall be no recovery by any insurance company for any subrogation claim pursuant to any subrogation clause of the uninsured, underinsured, collision, or other first-party coverages of a motor vehicle insurance policy as a result of payments made by the company to persons who have claims that arise in whole or in part under this part.

663-C Coverage excluded. (a) There shall be no coverage for liability created under this section under homeowner's insurance unless:

(1) Specifically covered in a policy; or

(2) Covered by a rider attached to a policy.

(b) This section shall be repealed on December 31, 2004."

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."

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. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:

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