COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. No.: 1801-05

Bill No.: HCS for SS for SCS for SBs 433 & 248

Subject: Alcohol; Liability

Type: Original

Date: May 9, 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 the State Courts Administrator and the Office of the State Public Defender each assumed the proposal would not fiscally impact their respective agencies.



In response to legislation regarding dram shop liability from earlier this session, officials of the Office of Prosecution Services assumed the proposal would not fiscally impact their respective agencies.



Officials from the Office of the Attorney General did not respond to our request for fiscal impact, however, Oversight assumes this proposal would not have a fiscal impact on their agency.



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 might benefit from different insurance premiums.





DESCRIPTION



Under current law, persons licensed to sell intoxicating beverages cannot be held liable for injuries to others inflicted by persons who purchase those intoxicating beverages unless the person licensed to sell intoxicating beverages is first convicted of selling them to a person under age 21 or to an obviously intoxicated person. This proposal adds that this sale must be knowing and must be proven beyond a reasonably doubt.



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 the State Courts Administrator

Office of Prosecution Services

Office of the State Public Defender



NOT RESPONDING: Office of the Attorney General









Jeanne Jarrett, CPA

Director



May 9, 2001