NOTE: As provided in LFC policy, this report is intended for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.

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(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates/Conflicts with/Companion to/Relates to the Controlled Substances Act, specifically 30-31-34 and 35, detailing the state's ability in filing a forfeiture pursuant to the Controlled substances Act.

SOURCES OF INFORMATION

LFC files

SUMMARY

Synopsis of Bill

The purpose of House Bill 128 is to create a legal structure whereby certain individuals can recover damages and basically monetary compensation from drug traffickers. The major provisions to the bill relates to providing a structured definition of the act, explaining and defining the cause of action by a plaintiff against a drug trafficker, presumptions found in the Act, damages, concepts implicated such as comparative negligence and the ability of the state to forestall the action based on the filing of a forfeiture. There is also an explanation of the tolling of the statute of limitations and accrual of the cause of action for this particular suit.

The Administrative Office of the Court's indicates this Act allows a person other than the illegal user (a person who acquires a controlled substance from a person who traffics in controlled substances ) to recover damages from an illegal user's trafficker for an injury that is proximately caused by an illegal users use of a controlled substance. In addition, this Act allows an illegal user to recover damages from a trafficker for an injury that is proximately caused by an illegal user's use of a controlled substance if: prior to filing of the civil action, the illegal user discloses to a law enforcement authority the identity of the trafficker; prior to filing of the civil action, the illegal user has not used a controlled substance for thirty days; and the illegal user does not use a controlled substance during the pendency of the action.

Also, a trafficker is presumed to have injured the plaintiff and to have acted willfully and wantonly if the plaintiff is: a parent, legal guardian, child, spouse, or sibling of the illegal user; a person whose mother was the illegal user while the person was in utero; the illegal user's employer; a person financially supports or provides unreimbursed services to or on behalf of the illegal user; or a neighbor who provides unreimbursed the trafficker's trafficking caused a decline in the value of the neighbor's property in the neighborhood of the illegal user.

The cause of action established by this Act is in addition to and not in lieu of any other cause of action available to the plaintiff.

Significant Issues

The administrative Office of the Court's reports pursuant to the provisions of this Act, the actions available to the plaintiff have the potential to greatly increase civil caseloads in the courts.

FISCAL IMPLICATIONS

The Department of Public Safety indicates passage of the proposed legislation appears to have no negative fiscal impact and Section 9 of the Act at paragraph A provides for the ability of the government to recover under the Drug Trafficker Liability Act.

The Administrative Office of the Courts reports any fiscal impact on the judiciary would be proportional to the enforcement of this Act and commenced civil actions. New laws or acts, amendments to existing laws, and new hearings have the potential to increase civil caseloads in the courts, thus requiring additional resources to handle the increase.

ADMINISTRATIVE IMPLICATIONS

The Administrative Office of the Court's reports there may be an administrative impact on the courts as the result of an increase in caseload and/or in the amount of time necessary to dispose the case. Also, the Department of Public Safety reports administrative impact to be minimal if any.

CONFLICT/DUPLICATION/COMPANIONSHIP/RELATIONSHIP

There appears to be some relationship to the Controlled Substances Act, specifically 30-31-34 and 35, detailing the state's ability in filing a forfeiture pursuant to the Controlled Substances Act.

OTHER SUBSTANTIVE ISSUES

The Department of Public Safety reports there may be a conflict with existing policies by passage of the proposed legislation in that it would allow an individual who knowingly purchased and used controlled substances from an individual to thereby profit from their use of drugs. It should be noted, however, that at Section 6 the proposed legislation does have a discussion of comparative negligence, which may preclude an individual from profiting from, their own decisions in this regard. This is perhaps contrary to existing public.

The Administrative Office of the Court's indicates this Act only pertains to civil law.

LAT/prr:gm