92nd General Assembly
Status of SB0003
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O'MALLEY.

(DART-FRANKS)

   New Act                                                                     

        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".                                                             
   JAN-11-2001  S  PREFILED WITH SECRETARY                  DECEMBER 1, 2000      
   JAN-11-2001  S  FIRST READING                                                  
   JAN-11-2001  S  REFERRED TO SENATE RULES COMMITTEE       RULES                 
   FEB-01-2001  S       ASSIGNED TO COMMITTEE               JUDICIARY             
   FEB-21-2001  S                                 POSTPONED                       
   FEB-28-2001  S       TO SUBCOMMITTEE                                           
   MAR-20-2001  S                             AMENDMENT NO. 01-JUDICIARY     S    
   MAR-20-2001  S                                   ADOPTED                       
   MAR-21-2001  S       DO PASS AS AMENDED                  011-000-000   SJUD    
   MAR-21-2001  S  PLACED ON CALENDAR ORDER OF 2ND READING  01-03-22              
   MAR-22-2001  S  SECOND READING                                                 
   MAR-22-2001  S  PLACED ON CALENDAR ORDER OF 3RD READING  01-03-27              
   APR-03-2001  S  FILED WITH SECRETARY                                           
   APR-03-2001  S                             AMENDMENT NO. 02-O'MALLEY           
   APR-03-2001  S                     AMENDMENT REFERRED TO SRUL                  
   APR-04-2001  S                             AMENDMENT NO. 02-O'MALLEY           
   APR-04-2001  S                           RULES REFERS TO SJUD                  
   APR-05-2001  S                             AMENDMENT NO. 02-O'MALLEY           
   APR-05-2001  S             BE APPROVED FOR CONSIDERATION SJUD/008-000-000      
   APR-05-2001  S  RECALLED TO SECOND READING                                     
   APR-05-2001  S                             AMENDMENT NO. 02-O'MALLEY           
   APR-05-2001  S                                   ADOPTED                       
   APR-05-2001  S  PLACED ON CALENDAR ORDER OF 3RD READING  01-04-06              
   APR-06-2001  S  THIRD READING - PASSED                   057-000-000           
   APR-06-2001  H  ARRIVE IN HOUSE                                                
   APR-06-2001  H  PLACED CALENDAR ORDER OF FIRST READING                         
   APR-17-2001  H  HOUSE SPONSOR                            DART                  
   APR-17-2001  H  FIRST READING                                                  
   APR-17-2001  H  REFERRED TO HOUSE RULES COMMITTEE        RULES                 
   APR-18-2001  H       ASSIGNED TO COMMITTEE               JUD-CIVIL LAW         
   MAY-03-2001  H                             AMENDMENT NO. 01-JUD-CIVIL LAW H    
   MAY-03-2001  H                                   ADOPTED                       
   MAY-03-2001  H                             AMENDMENT NO. 02-JUD-CIVIL LAW H    
   MAY-03-2001  H                                   ADOPTED                       
   MAY-03-2001  H  DO PASS AMENDED/SHORT DEBATE             012-000-000   HJUA    
   MAY-03-2001  H  PLACED CALENDAR 2ND READING-SHORT DEBATE                       
   MAY-08-2001  H  SECOND READING-SHORT DEBATE                                    
   MAY-08-2001  H  PLCD CAL ORDER 3RD READING-SHORT DEBATE                        
   MAY-15-2001  H  THIRD READING/SHORT DEBATE/PASSED        115-000-000           
   MAY-15-2001  H  ADDED AS A JOINT SPONSOR                 FRANKS                
   MAY-16-2001  S  SECRETARYS DESK - CONCURRENCE            01,02                 
   MAY-16-2001  S  FILED WITH SECRETARY                                           
   MAY-16-2001  S    MOTION NON-CONCUR - HOUSE AMENDMENT NO 01,02/O'MALLEY        
   MAY-23-2001  S  SEN NON-CONCURS IN HSE AMENDMENTS (NO.)  01,02                 
   MAY-23-2001  H  ARRIVE IN HOUSE                                                
   MAY-23-2001  H  PLACED CALENDAR ORDER NON-CONCURRENCE    01,02                 
   MAY-24-2001  H       MOTION REFUSE RECEDE - HSE AMEND NO 01,02/DART            
   MAY-24-2001  H  CALENDAR ORDER OF NON-CONCURRENCE        01,02                 
   MAY-31-2001  H  RE-REFERRED TO RULES COMM/RULE 19(A)     RULES         HRUL    
   JAN-07-2003  S  SESSION SINE DIE                                               

   END OF INQUIRY 



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