Senate Sponsors: O'MALLEY. House Sponsors: DART-FRANKS Short description: ALCOHOL IMP MIN RESPONSIBILITY Synopsis of Bill as introduced: Creates the Drug Impaired Minor Responsibility Act. Provides that any person at least 18 years of age who willfully supplies illegal drugs to a person under 18 years of age and causes the impairment of that person shall be liable for death or injuries to persons or property caused by the impairment of the person. Provides that a person who is injured by an impaired peson under 18 years of age has a right of action for damages against any person (i) who, by selling, giving, or delivering illegal drugs or (ii) who, by permitting con- sumption of illegal drugs causes or contributes to the impairment of a person under 18 years of age. Provides that an action for damages is barred unless it is commenced within 2 years after it arises. Effec- tive immediately. SENATE AMENDMENT NO. 1. Deletes the title and everything after the enacting clause. Creates the Drug or Alcohol Impaired Minor Responsibility Act. Re- inserts provisions of the bill as introduced, except provides that the Act is also applicable to persons who willfully supply alcoholic liquor to a person under 18 years of age as well as illegal drugs. De- letes provision that the person entitled to bring an action under the Act may recover exemplary damages. Provides that a person may not bring an action against a liquor licensee who supplies alcoholic liquor to a person under 21 years of age if the license complied with all applicable provisions of the Liquor Control Act of 1934. Provides that a homeowner's insurance policy may not cover liability created under the new Act. Effective immediately. SENATE AMENDMENT NO. 2. Deletes everything after the enacting clause. Reinserts the pro- visions of the bill as amended by Senate Amendment No. 1 with the following changes: (1) deletes the provision that there shall be no coverage for liability created under the Drug or Alcohol Impaired Minor Responsibility Act under any applicable homeowner's insurance policy; (2) provides that if an action is brought against a person be- cause of events that occur on residential premises and the defendant is found not to be liable, the plaintiff shall be ordered to reimburse the defendant for all attorney's fees and court costs that the defen- dant incurred in defending the action; and (3) that contributory neg- ligence and contributory willful and wanton conduct do not apply to any insured party claiming damages under the Act. HOUSE AMENDMENT NO. 1. Amends the Drug or Alcohol Impaired Minor Responsibility Act. Deletes the provision requiring a plaintiff to reimburse a defendant for all attorney's fees and costs incurred in defending an action under the Act if the defendant is found not liable. HOUSE AMENDMENT NO. 2. In provisions concerning a cause of action for damages against a person who willfully permits the consumption of alcoholic liquor or illegal drugs on non-residential premises owned by that person, re- quires that the consumption of liquor or drugs be "by a person under the age of 18". Last action on Bill: SESSION SINE DIE Last action date: JAN-07-2003 Location: Senate Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 2 SENATE - 2 END OF INQUIRY Full Text Bill Status