STAND. COM. REP. NO. 1257

 

Honolulu, Hawaii

                  

 

RE:    H.B. No. 1221

       H.D. 1

       S.D. 2

 

 

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary and Labor, to which was referred H.B. No. 1221, H.D. 1, S.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO INTOXICATING LIQUOR,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to exempt a liquor licensee from liability for certain violations if the licensee has in place a security plan approved by the liquor commission to prevent consumption of liquor by minors and the licensee acts in good faith to implement the security plan.

 

     Your Committee finds that while this measure may have merit and should be advanced to the conference process so that discussion may continue, your Committee has reservations about the policy enshrined in this measure.  Your Committee questions whether the standard of good faith compliance with a security plan is adequate to effectively prevent minors from accessing and consuming liquor.  Your Committee has further concerns that this measure may allow conduct in a large facility that would be impermissible at other licensed premises.  However, your Committee notes that its concerns are not necessarily insurmountable and may be balanced by other interests.  Therefore as this measure advances in the legislative process, your Committee is committed to remain actively involved in seeking an appropriate and permanent resolution to the important issues raised.

 

     Your Committee has amended this measure by:

 

     (1)  Inserting an effective date of July 1, 2050, to allow for further discussion; and

 

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1221, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1221, H.D. 1, S.D. 2.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

 

 

 

____________________________

CLAYTON HEE, Chair