COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.: 323-01
Bill No.: SB 128
Subject: Sports and Amusements; Liability
Type: Original
Date: December 27, 2000
FISCAL SUMMARY
| FUND AFFECTED | FY 2002 | FY 2003 | FY 2004 |
| Total Estimated
Net Effect on All State Funds |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2002 | FY 2003 | FY 2004 |
| Total Estimated
Net Effect on All Federal Funds |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2002 | FY 2003 | FY 2004 |
| Local Government | $0 | $0 | $0 |
Numbers within parentheses: ( ) indicate costs or losses.
This fiscal note contains 3 pages.
ASSUMPTION
Officials from the Office of State Courts Administrator, Office of the Attorney General, Office of Prosecution Services, and State Public Defender assume the proposed legislation would have no fiscal impact on their agencies.
| FISCAL IMPACT - State Government | FY 2002
(10 Mo.) |
FY 2003 | FY 2004 |
| $0 | $0 | $0 |
| FISCAL IMPACT - Local Government | FY 2002
(10 Mo.) |
FY 2003 | FY 2004 |
| $0 | $0 | $0 |
FISCAL IMPACT - Small Business
Certain small businesses could be fiscally impacted by this proposal, as it would exempt 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 State Courts Administrator
Office of the Attorney General
Office of Prosecution Services
State Public Defender
Jeanne Jarrett, CPA
Director
December 27, 2000