COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.: 0497-01
Bill No.: SB 174
Subject: Boats and Watercraft; Civil Procedure; Liability; Merchandising Practices.
Type: Original
Date: January 6, 2003
FISCAL SUMMARY
| FUND AFFECTED | FY 2004 | FY 2005 | FY 2006 |
| Total Estimated
Net Effect on General Revenue Fund |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2004 | FY 2005 | FY 2006 |
| None | |||
| Total Estimated
Net Effect on Other State Funds |
$0 | $0 | $0 |
Numbers within parentheses: ( ) indicate costs or losses.
This fiscal note contains 4 pages.
| FUND AFFECTED | FY 2004 | FY 2005 | FY 2006 |
| None | |||
| Total Estimated
Net Effect on All Federal Funds |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2004 | FY 2005 | FY 2006 |
| Local Government | $0 | $0 | $0 |
ASSUMPTION
Officials from the Office of the Attorney General, Office of State Public Defender, Office of State Courts Administrator and the Department of Public Safety - Missouri State Water Patrol each assume the proposed legislation would have no fiscal impact on their respective agencies.
Officials from the Office of Prosecution Services (OPS) did not respond to Oversight's request for fiscal impact. However, in response to similar legislation from the 2002 session, OPS assumed prosecutors could absorb the costs of the proposed legislation with existing resources.
| FISCAL IMPACT - State Government | FY 2004
(10 Mo.) |
FY 2005 | FY 2006 |
| $0 | $0 | $0 | |
| FISCAL IMPACT - Local Government | FY 2004
(10 Mo.) |
FY 2005 | FY 2006 |
| $0 | $0 | $0 |
FISCAL IMPACT - Small Business
The proposal fiscally impact small businesses, as it would exempt watercraft outfitters from liability in certain situations.
DESCRIPTION
The proposed legislation would exempt watercraft outfitters from liability for the death or injury of paddlesport activity participants resulting from the inherent risk of such an activity unless the outfitter: (1) intentionally injures the participant; (2) commits an act of negligence which proximately causes the death or injury; (3) negligently provides an unsafe watercraft or equipment; or (4) fails to provide a life jacket. The proposal would require every outfitter to post a sign that states the outfitter will not be responsible for the death or injury of a participant resulting from the inherent risks or paddlesport activities. In addition, every contract entered into by an outfitter and a participant must contain the warning.
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 - Missouri State Water Patrol
Office of the State Public Defender
NOT RESPONDING: Office of Prosecution Services
Mickey Wilson, CPA
Director
January 6, 2003