Subcommittee advances liquor-liability bill H3497 after Newton amendment, removes DUI sections by unanimous consent

The Constitution Law Subcommittee adopted the Newton amendment to House Bill H3497, removed sections addressing DUI penalties by unanimous consent and issued a favorable report on the bill, the panel announced at the end of its meeting.

Chairman Newton framed the amendment as a compromise: "H 34 97 was our liquor liability bill. The Senate, sent that bill back to us with 2 44 on top of it," he said, adding the amendment combines "the best parts of the House liquor liability bill, portions of the Senate liquor liability bill." Newton also said the draft retains some Senate provisions, including penalties and license readers, but that the committee would request removal of the DUI-related sections so the Senate would consider the vehicle.

The measure is described in meeting discussion as a "hybrid" that preserves the House bill's step-down premium structure while incorporating some Senate changes. The step-down increments in the amended draft were described as $750,000 rather than $100,000 increments. Representative Bamberg asked for confirmation that the amended bill still requires insurers to offer premium discounts; he asked, "this also still includes the requirement that the insurers offer premium discounts. Correct?" Chairman Newton answered in the affirmative.

Committee members debated strategy for conference with the Senate. Newton said the Senate had placed a large Senate amendment (referred to in the meeting as "2 44") on H3497 and that, "if the DUI penalties are in it, it is not something that they believe that they're willing to to accept." Newton said he would request unanimous consent to pull out sections 10, 11, 12 and 13, which he identified as the DUI-penalty provisions.

The committee first adopted the Newton amendment (voice vote); it then asked for unanimous consent to remove the identified DUI sections. Seeing no objection, the subcommittee removed those sections by unanimous consent. The subcommittee then ordered a favorable report on H3497; roll call showed five members voting in favor and none opposed. The roll-call names recorded were Representative Jordan (Aye), Representative Bamberg (Aye), Representative Mitchell (Aye), Representative Newton (Aye) and Representative Wetmore (Aye), for a favorable report of 5-0.

Members noted procedural next steps: Chairman Newton said a full committee meeting will be held next Tuesday to advance the bill further. Newton also referenced earlier deliberations during the day's session, saying the panel had spent "2 and a half hours" that morning on related joint-and-several matters and that the Senate had spent many weeks on its version, which factored into the committee's approach to conference.

No statutory citations or external regulatory authorities were invoked in the recorded discussion beyond identification of bill H3497 and the Senate amendment referenced as "2 44."