COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. NO.: 3421-01

BILL NO.: SB 776

SUBJECT: Courts; Licensed Professionals

TYPE: Original

DATE: February 19, 2000




FISCAL SUMMARY



ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 2001 FY 2002 FY 2003
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
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 the Attorney General, Office of the State Courts Administrator, Department of Transportation, Department of Economic Development, Department of Insurance, Department of Labor and Industrial Relations, and Department of Natural Resources 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



The proposed legislation would possibly have a fiscal impact on licensed architects, professional engineers, land surveyors, or any corporations authorized to render any of the aforementioned professional services.



DESCRIPTION



The proposed legislation requires the plaintiff, in an action against a licensed professional, to file an affidavit with the court stating that the plaintiff obtained the written opinion of a legally qualified like licensed professional. The statement made by the licensed professional should state that the defendant licensed professional failed to use such care as a reasonably prudent and careful licensed professional would have under similar circumstances. The affidavit should be filed within ninety days of the filing of the petition. The case may be dismissed if the plaintiff or his attorney fails to file such affidavit. The proposal does not apply to actions filed in small claims court.



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 Transportation

Department of Economic Development

Department of Insurance

Department of Labor and Industrial Relations

Department of Natural Resources



Jeanne Jarrett, CPA

Director

February 19, 2000