SENATE 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

Senate Committee on Commerce & Labor

Senate Hearing Date(s):April 2, 1987; April 3, 1987

Majority Report:  Do pass.

      Signed by Senators Warnke, Chairman; Smitherman, Vice Chairman; Anderson, Cantu, Lee, Sellar, Vognild, West, Williams, Wojahn.

Senate Staff:Patrick Woods (786-7430)

                  April 3, 1987

AS REPORTED BY COMMITTEE ON COMMERCE & LABOR, APRIL 3, 1987

BACKGROUND:

Two separate statutes prohibit selling liquor to persons under the age of 21.  The first of these statutes (RCW 26.28.080 in the domestic relations title) 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 $5,000 fine.

The second statute (RCW 66.44.270 in the liquor control title) 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 the domestic relations title are different from those that could be applied under the liquor control title.

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 title dealing with supplying underage persons with liquor are eliminated.

Fiscal Note:      none requested

Senate Committee - Testified: Carter Mitchell, Liquor Control Board; Monica Benton, Washington Association Prosecuting Attorneys