SB 0198 - Fiscal Note

Fiscal Note - SB 0198 - Creates civil liability for pornography

COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. NO.: 0571-01

BILL NO.: SB 198

SUBJECT: Civil liability for pornography.

TYPE: Original

DATE: February 19, 1999

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FISCAL SUMMARY

ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED	FY 2000	FY 2001	FY 2002
None
Total Estimated Net Effect on All State Funds	$0	$0	$0

ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED	FY 2000	FY 2001	FY 2002
None
Total Estimated Net Effect on All Federal Funds	$0	$0	$0

ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED	FY 2000	FY 2001	FY 2002
Local Government	$0	$0	$0

Numbers within parentheses: ( ) indicate costs or losses

This fiscal note contains 3 pages.

FISCAL ANALYSIS

ASSUMPTION

The Office of the State Courts Administrator (CTS) would expect one or more cases to test the parameters of the law; however, CTS would not expect a significant increase in the workload of the judiciary.

The Department of Social Services and the Department of Insurance assume the proposed legislation would have no fiscal impact on their agencies.

FISCAL IMPACT - State Government	FY 2000	FY 2001	FY 2002
	(10 Mo.)
	0	0	0
FISCAL IMPACT - Local Government	FY 2000	FY 2001	FY 2002
	(10 Mo.)
	0	0	0
FISCAL IMPACT - Small Business
Manufacturers, producers, or whole distributors of material deemed to be obscene, would be exposed to additional liability.

DESCRIPTION

This proposal authorizes civil liability for manufacturers, producers or wholesale distributors of obscene material which was possessed or viewed by an individual convicted of any offense defined in Chapter 573, RSMo. A victim must prove that the reading or viewing of the material proximately caused the violation, and that the defendant knew or had reason to know that his action was likely to cause such a violation. The defendant shall be liable for actual damages, court costs and reasonable attorney's fees, infliction of emotional distress, pain and suffering and loss of consortium. The act has a three year statute of limitations, unless the victim was under eighteen years of age at the time of the conviction, in which case the action must be commenced within three years of the victim's eighteenth birthday.

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

Department of Social Services

Department of Insurance

NOT RESPONDING: Office of the Attorney General

Jeanne Jarrett, CPA

Director

February 19, 1999