COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. No.:         3155-01

Bill No.:          HB 1334

Subject:           Crimes and Punishment; Entertainment, Sports and Amusements

Type:              Original

Date:               April 16, 2008

Bill Summary:            This proposal creates the offense of ticket scalping.

FISCAL SUMMARY

Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 5 pages.

☐ Estimated Total Net Effect on All funds expected to exceed $100,000 savings or (cost).

☐ Estimated Net Effect on General Revenue Fund expected to exceed $100,000 (cost).

FISCAL ANALYSIS

ASSUMPTION

Officials from the Office of the State Courts Administrator assume the proposal would not fiscally impact the courts.

Officials from the Department of Public Safety - Director’s Office and Highway Patrol each assume the proposal would not fiscally impact their respective agencies.

Officials from the Office of the State Public Defender (SPD) state while the number of new cases (or cases with increased penalties) may be too few or uncertain to request additional funding for the specific bill, the SPD will continue to request sufficient appropriations to provide competent and effective representation in all its cases.

Officials from the Office of Prosecution Services did not respond to our request for fiscal impact. However, based upon the responses from other agencies, Oversight will assume the proposal will not fiscally impact the prosecutors.

Oversight assumes local school districts would see an increase in fine revenue as a result of this proposal. This fine revenue would be a deduction the next year for some of the school districts. Oversight assumes an unknown amount of revenue would be realized each year by school districts and a corresponding decrease in school funding from the state the following year. Oversight assumes the fine revenue will fluctuate from year to year, therefore, the net fiscal impact to local school districts from FY 2010 on could be Unknown to (Unknown).

FISCAL IMPACT - Small Business

No direct fiscal impact to small businesses would be expected as a result of this proposal.

FISCAL DESCRIPTION

This proposal creates the crime of ticket scalping when any person, firm, or corporation resells or offers to resell any ticket for admission, or any other evidence of the right of entry, to any

public sporting event for a price in excess of the price printed on the ticket.

The crime will be punishable by a fine of not less than $50 nor more than $300 or imprisonment for a term of not less than 15 days for the first offense, a fine of not less than $300 nor more

than $500 or imprisonment for a term of not less than sixty days nor more than six months for the second offense, and a fine of not less than $500 nor more than $1,000 or imprisonment for a term of not less than six months nor more than one year for each subsequent offense.

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 Public Safety

Office of the State Public Defender

NOT RESPONDING

Office of Prosecution Services

                                                                                                Mickey Wilson, CPA

                                                                                                Director

                                                                                                April 16, 2008