COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. NO.: 3419-01

BILL NO.: SB 775

SUBJECT: Civil Procedure; Contracts and Contractors.

TYPE: Original

DATE: January 31, 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 Department of Transportation (MoDOT) assume the proposed legislation may increase the incidence and cost of construction-related litigation and judgments; however, the long-range fiscal impact on MoDOT is impossible to predict. Overall, MoDOT officials do not expect the proposal to have a significant fiscal impact on their agency.



Officials from the Office of the State Courts Administrator, the Department of Insurance, and the Office of Administration assume the proposal would have no fiscal impact on their agencies.

In response to a similar proposal, officials from the Office of the Attorney General and the Department of Economic Development assumed there would be no fiscal impact on their agencies.





FISCAL IMPACT - State Government FY 2001 FY 2002 FY 2003

(10 Mo.)



$0 $0 $0





FISCAL IMPACT - Local Government FY 2001 FY 2002 FY 2003

(10 Mo.)



$0 $0 $0





FISCAL IMPACT - Small Business



No direct fiscal impact to small businesses would be expected as a result of this proposal.

















DESCRIPTION



The proposed legislation would revise the statute of limitations and add economic loss damages for home improvements. The 10-year statute of limitations would remain the same. Currently, the time period begins to run at completion of the improvement. However, "completion" is not currently defined in the statute. This proposal would change the starting date of the time limit to "substantial completion" and set forth a definition for substantial completion. The proposal would also add economic loss to the list of damages restricted by the 10-year time limit.



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 State Courts Administrator

Office of the Attorney General

Office of Administration

Department of Economic Development

Department of Transportation

Department of Insurance









Jeanne Jarrett, CPA

Director

January 31, 2000