COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. NO.: 2739-01

BILL NO.: SB 673

SUBJECT: Boats and Watercraft; Liability

TYPE: Original

DATE: January 3, 2000




FISCAL SUMMARY



ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 2001 FY 2002 FY 2003
None
Total Estimated

Net Effect on All

State Funds

$0 $0 $0



ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 2001 FY 2002 FY 2003
None
Total Estimated

Net Effect on All

Federal Funds

$0 $0 $0



ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 2001 FY 2002 FY 2003
Local Government $0 $0 $0


Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 3 pages.



FISCAL ANALYSIS



ASSUMPTION



Officials from the Office of State Courts Administrator, the Office of the Attorney General, the Office of Prosecution Services, and the Office of the State Public Defender assume the proposed legislation would have no fiscal impact on their agencies.





FISCAL IMPACT - State Government FY 2001

(10 Mo.)

FY 2002 FY 2003
$0 $0 $0



FISCAL IMPACT - Local Government FY 2001

(10 Mo.)

FY 2002 FY 2003
$0 $0 $0



FISCAL IMPACT - Small Business



Certain small businesses could be fiscally impacted by this proposal, as it would exempt watercraft liveries from liability in certain situations.





DESCRIPTION



The proposed legislation would exempt watercraft liveries from liability for the death or injury of paddle sport participants resulting from the inherent risk of such an activity unless the livery: (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 livery to post a sign that states the livery will not be responsible for the death or injury of a participant resulting from the inherent risks of paddle sport activities. In addition, every contract entered into by a livery 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 State Courts Administrator

Office of the Attorney General

Office of Prosecution Services

Office of the State Public Defender









Jeanne Jarrett, CPA

Director

January 3, 2000