COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. NO.: 4314-01
BILL NO.: SB 938
SUBJECT: Courts; Licensed Professionals
TYPE: Original
DATE: February 19, 2000
FISCAL SUMMARY
FUND AFFECTED | FY 2001 | FY 2002 | FY 2003 |
Total Estimated
Net Effect on All State Funds |
$0 | $0 | $0 |
FUND AFFECTED | FY 2001 | FY 2002 | FY 2003 |
Total Estimated
Net Effect on All Federal Funds |
$0 | $0 | $0 |
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.
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-five 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