HOUSE BILL REPORT

HB 110

BYRepresentatives Lewis, Armstrong, Niemi, Padden, Crane, Patrick, Holm, Baugher, Taylor, Miller, Hargrove, Rasmussen, Betrozoff and Doty

Changing provisions relating to the sale of alcohol to minors.

House Committe on Judiciary

Majority Report:  Do pass.  (15)

      Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Appelwick, Hargrove, Heavey, P. King, Lewis, Locke, Moyer, Niemi, Padden, Patrick, Scott, Wang and Wineberry.

House Staff:Bill Perry (786-7123)

AS PASSED HOUSE FEBRUARY 25, 1987

BACKGROUND:

Two separate statutes prohibit selling liquor to persons under the age of twenty-one.  The first of these statutes (RCW 26.28.080 in the domestic relations code) makes it a gross misdemeanor to "sell or give, or permit to be sold or given" liquor to an underage person.  The maximum penalty for a gross misdemeanor is one year in jail and a five thousand dollar fine.

The second statute (RCW 66.44.270 in the liquor control code) makes it unlawful for any person to "give or otherwise supply" liquor to an underage person, or to "permit" an underage person to "consume liquor on his premises or on any premises under his control".  The second statute also has exceptions to its general prohibitions.  Parents or guardians are allowed to supply their children with liquor for "beverage or medicinal purposes", and physicians are also allowed to "administer" alcohol to underage persons.  The penalties for violating this second statute vary depending on who the offender is (i.e., individual or corporation, private person or liquor licensee, or first-time or repeat offender).  In many instances the maximum penalties that could be assessed under this statute are different from those that could be applied under the first statute.

When two different statutes make the same behavior unlawful, but each describes a different penalty for that same behavior, courts have declared the statutes unconstitutional because they afford a prosecutor impermissible discretion in deciding under which of the two statutes a person is to be charged.

SUMMARY:

The provisions in the domestic relations code dealing with supplying underage persons with liquor are eliminated.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Carter Mitchell, Washington State Liquor Control Board; Mike Redman, Washington Association of Prosecuting Attorneys.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    This bill is necessary to prevent the elimination of all law on providing alcohol to minors.

House Committee - Testimony Against:      None Presented.