COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.: 3663-02
Bill No.: SB 1185
Subject: Civil Procedure; Liability; Business and Commerce
Type: Original
Date: February 13, 2004
FISCAL SUMMARY
| FUND AFFECTED | FY 2005 | FY 2006 | FY 2007 |
| Total Estimated
Net Effect on General Revenue Fund |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2005 | FY 2006 | FY 2007 |
| Total Estimated
Net Effect on All State Funds |
$0 | $0 | $0 |
Numbers within parentheses: ( ) indicate costs or losses.
This fiscal note contains 3 pages.
| FUND AFFECTED | FY 2005 | FY 2006 | FY 2007 |
| Total Estimated
Net Effect on All Federal Funds |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2005 | FY 2006 | FY 2007 |
| Local Government | $0 | $0 | $0 |
ASSUMPTION
Officials from the Missouri Department of Agriculture and the Office of State Courts Administrator assume this proposal would not fiscally impact their agencies.
| FISCAL IMPACT - State Government | FY 2005
(10 Mo.) |
FY 2006 | FY 2007 |
| $0 | $0 | $0 |
| FISCAL IMPACT - Local Government | FY 2005
(10 Mo.) |
FY 2006 | FY 2007 |
| $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 creates the "Commonsense Food Consumption Act". Certain manufacturers, distributors, sellers and advertisers of food are immune from civil liability for claims arising out of weight gain or obesity, or health conditions associated with weight gain or obesity. The provisions of this proposal shall not apply where there is a violation of misbranding or adulteration requirements which causes the injury, or to knowing violations of laws relating to the making or selling of food which caused the injury. In such allowable actions, the proposal sets out pleading requirements regarding the alleged violation. The proposal also requires that discovery shall be stayed during a motion to dismiss, provided certain conditions are met.
The provisions of this act shall apply to all claims pending on the effective date of the act and all subsequent claims
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
Missouri Department of Agriculture
Office of State Courts Administrator
Mickey Wilson, CPA
Director
February 13, 2004