COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.: 2807-01
Bill No.: SB 700
Subject: Alcohol, Business and Commerce, Liability.
Type: Original
Date: December 14, 2001
FISCAL SUMMARY
| FUND AFFECTED | FY 2003 | FY 2004 | FY 2005 |
| None | |||
| Total Estimated
Net Effect on All State Funds |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2003 | FY 2004 | FY 2005 |
| None | |||
| Total Estimated
Net Effect on All Federal Funds |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2003 | FY 2004 | FY 2005 |
| Local Government | $0 | $0 | $0 |
Numbers within parentheses: ( ) indicate costs or losses.
This fiscal note contains 3 pages.
ASSUMPTION
In response to similar proposals from the 2001 session, the Office of the Attorney General, Office of the State Courts Administrator and the Department of Public Safety - Division of Liquor Control each assumed this proposal would not fiscally impact their respective agencies.
| FISCAL IMPACT - State Government | FY 2003
(10 Mo.) |
FY 2004 | FY 2005 |
| $0 | $0 | $0 | |
| FISCAL IMPACT - Local Government | FY 2003
(10 Mo.) |
FY 2004 | FY 2005 |
| $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 Attorney General
Office of the State Courts Administrator
Department of Public Safety
Division of Liquor Control
Jeanne Jarrett, CPA
Director
December 14, 2001