COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.: 1020-01
Bill No.: SB 0260
Subject: Courts; Licenses - Professional
Type: Original
Date: January 29, 2001
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 the State Courts Administrator and the Department of Transportation assume the proposed legislation would have no fiscal impact on their agencies.
In response to a similar proposal in the prior session, officials from the Office of the Attorney General, Department of Economic Development, Department of Insurance, Department of Labor and Industrial Relations, and Department of Natural Resources assumed 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
No direct fiscal impact to small businesses would be expected as a result of this proposal.
DESCRIPTION
The proposed legislation requires the plaintiff, in an action against a licensed architect, surveyor, or engineer, 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 must 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 must be filed within ninety-five days of the filing of the petition. The case may be dismissed if the plaintiff or his attorney fails to file such affidavit. A separate affadavit must be filed for each defendant named in the petition. 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 State Courts Administrator
Department of Transportation
Office of the Attorney General
Department of Economic Development
Department of Insurance
Department of Labor and Industrial Relations
Department of Natural Resources
Jeanne Jarrett, CPA
Director
January 29, 2001