LEGISLATIVE FISCAL OFFICE
Fiscal Note
Fiscal Note On: SB 9 SLS 201ES 34
Bill Text Version: ENROLLED
Opp. Chamb. Action:
Proposed Amd.:
Sub. Bill For.:
Date: July 14, 2020 3:05 PM Author: HEWITT
Dept./Agy.: Office of Risk Management
Subject: Evidence Analyst: Rebecca Robinson
EVIDENCE EN SEE FISC NOTE GF EX Page 1 of 1
Provides relative to safety belts. (Item #40) (1/1/21)
Proposes to repeal R.S. 32:295.1(E) in it entirety. Proposed legislation will allow the failure to wear a seat belt to be used as
evidence of comparative negligence in lawsuits concerning motor vehicle accidents; and will be allowed as evidence to
mitigate damages.
Effective January 1, 2021.
EXPENDITURES 2020-21 2021-22 2022-23 2023-24 2024-25 5 -YEAR TOTAL
State Gen. Fd. SEE BELOW SEE BELOW SEE BELOW SEE BELOW SEE BELOW
Agy. Self-Gen. SEE BELOW SEE BELOW SEE BELOW SEE BELOW SEE BELOW
Ded./Other SEE BELOW SEE BELOW SEE BELOW SEE BELOW SEE BELOW
Federal Funds $0 $0 $0 $0 $0 $0
Local Funds SEE BELOW SEE BELOW SEE BELOW SEE BELOW SEE BELOW
Annual Total
REVENUES 2020-21 2021-22 2022-23 2023-24 2024-25 5 -YEAR TOTAL
State Gen. Fd. $0 $0 $0 $0 $0 $0
Agy. Self-Gen. $0 $0 $0 $0 $0 $0
Ded./Other $0 $0 $0 $0 $0 $0
Federal Funds $0 $0 $0 $0 $0 $0
Local Funds $0 $0 $0 $0 $0 $0
Annual Total $0 $0 $0 $0 $0 $0
EXPENDITURE EXPLANATION
There will be an indeterminable impact to the Office of Risk Management (ORM) for potential and future claim payments
related to motor vehicle accidents. ORM could not provide the number of pending cases involving seatbelts by the time of
this writing. The number of claims involving seat belt usage which may be filed in the future is speculative.
The proposed legislation would allow a party involved in a motor vehicle claim/lawsuit to present evidence of the injured
person’s failure to wear a safety belt in a motor vehicle accident as a contributory factor in the injuries suffered by the
injured person. Such evidence may reduce the damages paid to an injured person. However, the proposed legislation does
not require that the failure to wear a seat belt be admitted into evidence. Judges will still have discretion over which
evidence is presented to the trier of fact. Therefore, any expenditure decrease is indeterminable.
LSU’s Office of Risk Management and local governmental agencies will experience the same indeterminable impact.
REVENUE EXPLANATION
There is no anticipated direct material effect on governmental revenues as a result of this measure.
Senate Dual Referral Rules House
13.5.1 >= $100,000 Annual Fiscal Cost {S & H} 6.8(F)(1) >= $100,000 SGF Fiscal Cost {H & S}
Gregory V. Albrecht
13.5.2 >= $500,000 Annual Tax or Fee 6.8(G) >= $500,000 Tax or Fee Increase
Change {S & H} or a Net Fee Decrease {S} Chief Economist


Statutes affected:
SB9 Original: 32:1(E)
SB9 Engrossed: 32:1(E)
SB9 Reengrossed: 32:1(E)
SB9 Enrolled: 32:1(E)
SB9 Act 36: 32:1(E)