COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. No.: 1801-01

Bill No.: SB 433

Subject: Alcohol; Liability

Type: Original

Date: February 13, 2001




FISCAL SUMMARY



ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 2002 FY 2003 FY 2004
None
Total Estimated

Net Effect on All

State Funds

$0 $0 $0



ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 2002 FY 2003 FY 2004
None
Total Estimated

Net Effect on All

Federal Funds

$0 $0 $0



ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 2002 FY 2003 FY 2004
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 Prosecution Services, Department of Public Safety - Division of Liquor Control, Missouri Highway Patrol, Office of the State Courts Administrator and the Office of the State Public Defender each assume this proposal would not fiscally impact their respective agencies.





FISCAL IMPACT - State Government FY 2002

(10 Mo.)

FY 2003 FY 2004
$0 $0 $0



FISCAL IMPACT - Local Government FY 2002

(10 Mo.)

FY 2003 FY 2004
$0 $0 $0



FISCAL IMPACT - Small Business



Small businesses that sell intoxicating beverages by the drink would, seemingly be asserted a level of protection from liability with this proposal.





DESCRIPTION



This proposal addresses "dram shop" liability. The proposal finds that the consumption of intoxicating beverages, rather than the sale or serving of such beverages, is the proximate cause of any injury inflicted by an intoxicated person. No person licensed to sell intoxicating liquor by the drink, or any agent or employee of such person, or any social host, who lawfully sells or serves intoxicating liquors shall be liable to any person for any injury suffered off the licensed premises due to intoxication. No social host who owns or leases a premises on which intoxicating liquors are consumed, in the absence and without consent of the host, shall be liable for injuries caused by an intoxicated person.



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 the State Courts Administrator

Office of Prosecution Services

Office of the State Public Defender

Department of Public Safety

Liquor Control

Missouri Highway Patrol











Jeanne Jarrett, CPA

Director February 13, 2001