COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. NO.: 4188-02

BILL NO.: SB-913

SUBJECT: Secretary of State: Ticket scalping

TYPE: Original

DATE: February 11, 2000




FISCAL SUMMARY



ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 2001 FY 2002 FY 2003
General Revenue $5,000 $5,000 $5,000
Total Estimated

Net Effect on All

State Funds

$5,000 $5,000 $5,000



ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 2001 FY 2002 FY 2003
Total Estimated

Net Effect on All

Federal Funds

$0 $0 $0



ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 2001 FY 2002 FY 2003
Local Government $0 $0 $0

Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 4 pages.



FISCAL ANALYSIS



ASSUMPTION



Secretary of State officials stated that this proposal would allow licensed ticket brokers to scalp tickets provided the ticket brokers would obtain a license through the Secretary of State, and renew their license on an annual basis. The Secretary of State would promulgate rules.



SOS assumes the cost occurred in licensing ticket brokers can be absorbed. These costs include the initial drafting of rules and regulations upon the implementation of the statute, maintenance of registration records, and 5-10 hours per month spent by a Licensing Clerk in processing registrations and renewals. However, an additional FTE may be required if there is significant number of ticket brokers to be licensed and beyond what is estimated above.



Based on experience with other divisions, the rules, regulations and forms issued by the secretary of state could require as many as approximately 34 pages in the Code of State Regulations. For any given rule, roughly half again as many pages are published in the Missouri Register as in the Code because cost statements, fiscal notes and the like are not repeated in Code. These costs are estimated. The estimated cost of a page in the Missouri Register is $22.50. The estimated cost of a page in the Code of State Regulations is $26.50. Costs for this proposal would be $2,048. The actual costs could be more or less than the numbers given. The impact of this legislation in future years is unknown and depends upon the frequency and length of rules, filed, amended, rescinded or withdrawn.



This bill does not require the Secretary of State to hire additional licensing personnel, but the cumulative effect of other bills that impose additional licensing burdens may, in the aggregate, necessitate additional staff.



This bill alone does not require the Administrative Rules Division to hire additional personnel, but the cumulative effect of other bills that require rulemaking activity may, in the aggregate, necessitate additional staff.



SOS officials estimate revenue generated from the annual registration fee of $100 at $5,000 in FY 2001, FY 2002, and FY 2003.



Office of State Courts Administrator officials assume no fiscal impact upon the Judiciary.



Department of Corrections officials assume no fiscal impact.



Office of Attorney General officials assume no fiscal impact.









FISCAL IMPACT - State Government FY 2001

(10 Mo.)

FY 2002 FY 2003
GENERAL REVENUE FUND
Income to General Revenue Fund

from SOS Registration Fee



$5,000


$5,000


$5,000
Total net effect to

General Revenue Fund



$5,000


$5,000


$5,000


FISCAL IMPACT - Local Government FY 2001

(10 Mo.)

FY 2002 FY 2003
$0 $0 $0



FISCAL IMPACT - Small Business



Ticket Brokers would be fiscally impacted to the extent that they would have a minimal increase in paperwork from filing annual registrations and from paying an annual registration fee.



DESCRIPTION



This act establishes special licensing of ticket brokers for the resale of tickets to a sporting or entertainment event at a price over and above the price printed on the ticket. The provision in current law prohibiting this practice still stands with the exception of sales made by a ticket broker with the special license. The ticket broker must do business in an established location and observe any state and local business regulations. A list of all employees of the ticket broker must be available from the ticket broker. The ticket broker cannot employ anyone convicted of a violation of this section of the law within the past 12 months. The ticket broker must also set forth a system of responding to consumer complaints including a bond of at least $100,000 for refunds. Ticket brokers engaged in the resale of tickets must register and obtain a license from the Secretary of State for a fee of $100 annually. The ticket broker must demonstrate compliance with all requirements of this act as well as any local restrictions prior to obtaining a license. This act supercedes any city or county ordinance or order.







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



Secretary of State

State Courts Administrator

Department of Corrections

Office of Attorney General











Jeanne Jarrett, CPA

Director

February 11, 2000