Underage drinking bill runs into questions in Assembly

Kirsten Searer

Friday, May 6, 2005 | 10:19 a.m.

CARSON CITY -- Assembly members said they had some concerns Thursday about a bill that could hold parents accountable for allowing parties with underage drinking.

Senate Bill 337 would allow adults to be sued for civil damages if they "knowingly or recklessly" allow underage people to drink at their home.

"This kicks in when there's damage that results from providing alcohol to an underage drinker," said Sen. Valerie Wiener, D-Las Vegas, who is sponsoring the bill.

Wiener said the bill wasn't written in response to a 2003 accident in Henderson when three boys were killed in an accident on their way home from a house party.

Instead, she said, it resulted from a study that found as many as one-third of underage drinking happens with the knowledge or consent of adults.

Some legislators wondered, however, about the definition of "knowingly and recklessly" allowing minors to drink.

Assemblywoman Susan Gerhardt, D-Henderson, said her 21-year-old son sometimes has friends over to have a beer and play pool.

Would it be enough for her to ask the friends if they were 21 or older, or would she have to actually look at their identification, she asked.

The committee plans to better define how adults could be held liable in an upcoming work session.

The bill would not affect businesses that sell alcohol. Under state law, businesses cannot cannot be held liable for damages that result from their drinking customers.

The bill would hold parents responsible if their own children drink at home and then cause damages outside of the house.

Parents still could choose to serve alcohol to their children in their home, said Bill Bradley, a former president of the Nevada Trial Lawyers Association.

"But you better make darn sure that you have all the keys and they understand they're staying home all evening," he said.

The bill already cleared the Senate on April 26, with all senators except for Sen. Bob Coffin, D-Las Vegas, voting for the bill. Sen. Mike McGinness, R-Fallon, was not present for the vote.