COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. No.: 3388-01

Bill No.: SB 957

Subject: Motor Vehicles; Sovereign or Official Immunity

Type: Original

Date: January 26, 2004



FISCAL SUMMARY



ESTIMATED NET EFFECT ON GENERAL REVENUE FUND
FUND AFFECTED FY 2005 FY 2006 FY 2007
General Revenue Unknown Unknown Unknown
Total Estimated

Net Effect on

General Revenue

Fund

 Unknown Unknown Unknown



ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 2005 FY 2006 FY 2007
Highway Unknown Unknown Unknown
Conservation Unknown Unknown Unknown
Total Estimated

Net Effect on All

State Funds

 Unknown Unknown Unknown



Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 5 pages.











ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 2005 FY 2006 FY 2007
Total Estimated

Net Effect on All

Federal Funds

 $0 $0 $0



ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 2005 FY 2006 FY 2007
Local Government Unknown Unknown Unknown




FISCAL ANALYSIS



ASSUMPTION



Officials from the Office of Attorney General, Department of Revenue and the Department of Public Safety - Missouri State Highway Patrol assume the proposed legislation would have no fiscal impact on their agencies.



Officials from the Office of State Courts Administrator assume the proposed legislation would have no fiscal impact on the courts.



Officials from the Department of Transportation (MoDOT) assume the proposal would result in an unknown positive impact to Highway Funds. The elimination of joint and several liability, elimination of the 1 percent comparative fault limitation for failure to wear a seat belt, and the exclusive remedy provision could be advantageous to the Missouri Highways and Transportation Commission (MHTC) and MoDOT. However, an accurate estimate would be impossible to determine as the benefit of these revisions would depend upon the number of cases impacted, the potential liability of MHTC in such cases, and other related factors.



Officials from the Department of Conservation (MDC) assume the proposal would have an unknown impact on MDC funds.



ASSUMPTION (continued)



Officials from the Office of Administration - General Services Division, Risk Management assume, in light of Cottey v. Schmitter, et al, MLW No. 26286, this proposed legislation has the potential for savings to the state. Risk Management is aware of one case that would have been impacted by the proposed changes. However, the Risk Management cannot determine the amount of the savings at this time.



Oversight assumes local political subdivisions could experience a savings due to the provisions of the proposed legislation that eliminate joint and several liability. Oversight has reflected this potential savings as Unknown.





FISCAL IMPACT - State Government FY 2005

(10 Mo.)

 FY 2006 FY 2007
GENERAL REVENUE FUND
Savings - Office of Administration
Elimination of joint and several liability



Unknown

Unknown

Unknown
ESTIMATED NET EFFECT ON GENERAL REVENUE FUND

Unknown

Unknown

Unknown
HIGHWAY FUNDS
Savings - Department of Transportation
Elimination of joint and several liability

Unknown

Unknown

Unknown
ESTIMATED NET EFFECT ON HIGHWAY FUNDS

Unknown

Unknown

Unknown
FISCAL IMPACT - State Government FY 2005

(10 Mo.)

 FY 2006 FY 2007
CONSERVATION FUND
Savings - Department of Conservation
Elimination of joint and several liability



Unknown

Unknown

Unknown
ESTIMATED NET EFFECT ON CONSERVATION FUND

Unknown

Unknown

Unknown




FISCAL IMPACT - Local Government FY 2005

(10 Mo.)

 FY 2006 FY 2007
POLITICAL SUBDIVISIONS
Savings - Elimination of joint and several liability



Unknown

Unknown

Unknown
ESTIMATED NET EFFECT ON POLITICAL SUBDIVISIONS

Unknown

Unknown

Unknown




FISCAL IMPACT - Small Business



The proposed legislation could result in some small savings to small business.







DESCRIPTION



Under the proposed legislation, a claimant's failure to wear a seat belt would be admissible as evidence on the issue of comparative negligence. Under the current law, failure to wear a seat belt is not considered evidence of comparative negligence.



The proposal would modify the law regarding sovereign immunity with respect to public employees. Under this proposal, the remedy against a public entity under the sovereign immunity statutes for injuries, death, or property damage arising from negligent acts or omissions of its public employees would be exclusive or any other civil action or proceeding for money damages against the employee or the employee's estate. Any other civil action relating to the same subject matter against the civil employee is precluded without regard to when the act or omission occurred. The doctrine of joint and several liability would not apply against any public entity or public employee under any cause of action arising under sovereign immunity principles.



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 Attorney General

Office of Administration

Office of State Courts Administrator

Department of Revenue

Department of Transportation

Department of Public Safety

- Missouri State Highway Patrol

Department of Conservation













Mickey Wilson, CPA

Director

January 26, 2004