SB 0718 - Fiscal Note

Fiscal Note - SB 0718 - Creates civil liability for manufacture, production and distribution of pornography

COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. NO. 2468-01

BILL NO. SB 718

SUBJECT: Pornography

TYPE: Original

DATE: January 26, 1998

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FISCAL SUMMARY

ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED	FY 1999	FY 2000	FY 2001
None
Total Estimated Net Effect on All State Funds	$0	$0	$0

ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED	FY 1999	FY 2000	FY 2001
None
Total Estimated Net Effect on All Federal Funds	$0	$0	$0

ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED	FY 1999	FY 2000	FY 2001
Local Government	$0	$0	$0

Numbers within parentheses: ( ) indicate costs or losses

This fiscal note contains 3 pages.

FISCAL ANALYSIS

ASSUMPTION

Officials from the Office of State Courts Administrator assume the proposed legislation could result in one or more cases to test the parameters of the law; however, they would not expect a significant increase in the workload of the judiciary.

Officials from the Office of the Attorney General, the Department of Social Services, and the Department of Insurance assume the proposal would have no fiscal impact on their agencies.

FISCAL IMPACT - State Government	FY 1999	FY 2000	FY 2001
	(10 Mo.)
	$0	$0	$0
FISCAL IMPACT - Local Government	FY 1999	FY 2000	FY 2001
	(10 Mo.)
	$0	$0	$0
FISCAL IMPACT - Small Business

The proposal could result in a fiscal impact for certain small businesses, as it would authorize civil liability for certain manufacturers, producers or wholesale distributors of pornography.

DESCRIPTION

The proposal would authorize civil liability for manufacturers, producers or wholesale distributors of obscene material which was possessed or viewed by an individual convicted of any offense defined in Chapter 573, RSMo. A victim would have to prove that the reading or viewing of the material proximately caused the violation, and that the defendant knew or had reason to know

that his action was likely to cause such a violation. The defendant could be held liable for actual damages, court costs and reasonable attorney's fees, infliction of emotional distress, pain and suffering and loss of consortium. The proposal would have a three year statute of limitations, unless the victim was under eighteen years of age at the time of the conviction, in which case the action could be commenced within three years of the victim's eighteenth birthday.

DESCRIPTION (continued)

This legislation is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space.

SOURCES OF INFORMATION

Office of State Courts Administrator

Office of the Attorney General

Department of Social Services

Department of Insurance

Jeanne Jarrett, CPA

Director

January 26, 1998