Fiscal Note - SB 0173 - Claims Against Licensed Professionals
L.R. NO. 0633-02
BILL NO. Perfected SS for SB 173
SUBJECT: Civil Procedure; Courts
TYPE: Original
DATE: April 15, 1997
FISCAL SUMMARY
ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
None $0 $0 $0
Total Estimated
Net Effect on All
State Funds $0 $0 $0
ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
None $0 $0 $0
Total Estimated
Net Effect on All
Federal Funds $0 $0 $0
ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
Local Government $0 $0 $0
FISCAL ANALYSIS
ASSUMPTION
In a similar previous proposal, officials from the Office of State Courts
Administrator (CTS) assume the requirement could make a few cases either more
or less protracted, but should not have any appreciable impact on the
workload or budget of the judiciary.
In a similar previous proposal, officials from the Department of Economic
Development (DED) - Professional Registration (DPR), Office of Administration
(COA)-Administrative Hearing Commission (AHC) and Missouri Department of
Transportation (DHT) assume the proposed legislation would have no fiscal
impact on their agencies.
FISCAL IMPACT - State Government FY 1998 FY 1999 FY 2000
(10 Mo.)
$0 $0 $0
FISCAL IMPACT - Local Government FY 1998 FY 1999 FY 2000
(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 require that any action against a licensed
professional for damages or injuries on account of the rendering of or
failure to render professional services, would require a plaintiff or his
attorney to file an affidavit with the court. Such an affidavit would state
that he has obtained the written opinion of a legally qualified licensed
professional which states the failure to use such care as a reasonably
prudent and careful licensed professional would have under similar
circumstances and that such failure directly caused or contributed to the
damages claimed in the petition. The term "licensed professional" would not
apply to health care providers.
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
Department of Economic Development-Professional Registration
Office of Administration-Administrative Hearing Commission
Missouri Department of Transportation
This Fiscal Note is not an official copy and should not be quoted or cited.