SB 0102 - Fiscal Note

Fiscal Note - SB 0102 - Prohibits out-of-state businesses from shipping intoxicating liquors to persons who do not hold a license

COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. NO.: 0270-01

BILL NO.: SB 102

SUBJECT: Alcohol

TYPE: Original

DATE: February 5, 1999

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FISCAL SUMMARY

ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED	FY 2000	FY 2001	FY 2002
None	$0	$0	$0
Total Estimated Net Effect on All State Funds	$0	$0	$0

ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED	FY 2000	FY 2001	FY 2002
None	$0	$0	$0
Total Estimated Net Effect on All Federal Funds	$0	$0	$0

ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED	FY 2000	FY 2001	FY 2002
Local Government	$0	$0	$0

Numbers within parentheses: ( ) indicate costs or losses

This fiscal note contains 3 pages.

FISCAL ANALYSIS

ASSUMPTION

Officials of the Office of the Attorney General, Office of Prosecution Service, State Courts Administrator, Missouri Sheriff's Association, Office of State Public Defender and the Department of Public Safety - Division of Liquor Control assume this proposal would have no fiscal impact to their agencies.

Officials of the Department of Corrections (DOC) cannot predict the number of new commitments which may result from the creation of the offense outlined in the proposal. An increase in commitments depends on the utilization by prosecutors and the actual sentences imposed by the court. If additional persons are sentenced to the custody of the DOC due to the provisions of this legislation, the DOC will incur a corresponding increase in operational costs either through incarceration (average of $35.00 per inmate, per day) or through supervision provided by the Board of Probation and Parole (average of $3.50 per offender, per day).

Supervision by the DOC through probation or incarceration would result in some additional costs but it is assumed that the impact would be minimal.

FISCAL IMPACT - State Government	FY 2000	FY 2001	FY 2002
	(10 Mo.)
	$0	$0	$0
FISCAL IMPACT - Local Government	FY 2000	FY 2001	FY 2002
	(10 Mo.)
	$0	$0	$0
FISCAL IMPACT - Small Business
No direct fiscal impact to small businesses would be expected as a result of this proposal.

DESCRIPTION

This proposal would prohibit out-of-state manufacturers and retailers from directly shipping alcohol to any person in this state who does not hold a manufacturer's or wholesaler's license.

For the first violation, the Supervisor of Liquor Control would issue a cease and desist order informing the out-of-state retailer to quit selling alcohol to Missouri residents. If the retailer violated the law again within a two-year period, that retailer would be guilty of a Class A misdemeanor.

This proposal would make any manufacturer or retailer who knowingly shipped alcohol to a Missouri resident who was under the age of twenty-one guilty of a Class D felony. Also, if a

delivery person knew or had reason to know that the package he was delivering contained alcohol, and that the person he was delivering the package to was under the age of twenty-one, that delivery person would be guilty of a Class A misdemeanor.

This proposal would not apply to the direct shipment of wine as provided for in Section 311.462, RSMo. Currently under Missouri law, an adult resident can import up to two cases of wine per year from another state which permits the same privilege.

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

Department of Public Safety - Division of Liquor Control

Office of the Attorney General

State Courts Administrator

Office of Prosecution Services

Department of Corrections

State Public Defender

Missouri Sheriffs' Association

Jeanne Jarrett, CPA

Director

February 5, 1999