SB 0704 - Fiscal Note

Fiscal Note - SB 0704 - Actions on Defective Improvements to Property

L.R. NO.  2841-01
BILL NO.  SB 704
SUBJECT:  Civil Procedure:  Courts
TYPE:     Original
DATE:     January 17, 1996



                              FISCAL SUMMARY
                    ESTIMATED NET EFFECT ON STATE FUNDS


FUND AFFECTED              FY 1997             FY 1998           FY 1999
None

Total Estimated
Net Effect on All
State Funds                     $0                  $0                $0

                   ESTIMATED NET EFFECT ON FEDERAL FUNDS


FUND AFFECTED              FY 1997             FY 1998           FY 1999
None

Total Estimated
Net Effect on All
Federal Funds                   $0                  $0                $0

                    ESTIMATED NET EFFECT ON LOCAL FUNDS


FUND AFFECTED              FY 1997             FY 1998           FY 1999
Local Government                $0                  $0                $0



                              FISCAL ANALYSIS

ASSUMPTION

Officials from the Office of State Courts Administrator assume the proposed
legislation would not appreciably affect the workload or the budget of the
judiciary.

Officials from the Office of the Attorney General, the Department of Highways
and Transportation, the Department of Economic Development (Division of
Professional Registration; Real Estate Commission), and the Office of
Administration (Division of Facilities Management; Division of Design and
Construction) assume the proposed legislation would have no fiscal impact on
their respective budgets.


FISCAL IMPACT - State Government  FY 1997   FY 1998   FY 1999
                                 (10 Mo.)

                                       $0        $0        $0


FISCAL IMPACT  - Local Government FY 1997   FY 1998   FY 1999
                                 (10 Mo.)

                                       $0        $0        $0


DESCRIPTION

The proposed legislation would specify that an individual must bring an
action to recover damages arising from a defective condition of any
improvement to real property within ten years after such improvement is
substantially completed.  This proposal would define "substantially
completed" as the point at which a facility or structure may be used as
intended.  This proposal should not be construed to limit a cause of action
against a landowner.

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 State Courts Administrator
Office of the Attorney General
Department of Highways and Transportation
Department of Economic Development - Division of Professional Registration
Department of Economic Development - Real Estate Commission
Office of Administration - Division of Facilities Management
Office of Administration - Division of Design and Construction