LEGISLATIVE FISCAL OFFICE
Fiscal Note
Fiscal Note On: SCR 14 SLS 201ES 185
Bill Text Version: REENGROSSED
Opp. Chamb. Action:
Proposed Amd.:
Sub. Bill For.:
Date: June 28, 2020 5:51 PM Author: MILLS, ROBERT
Dept./Agy.: Office of Risk Management
Subject: Suspends Exclusion of Failure to Wear Safety Belt Evidence Analyst: Patrice Thomas
LIABILITY RE SEE FISC NOTE GF EX See Note Page 1 of 1
Suspends certain provisions of law relative to safety belt evidence. (Item #40)
If HB 57 of the 2020 1st Extraordinary Session is not enacted or is vetoed, proposed concurrent resolution that suspends R.S. 32:295.1(E)
from August 1, 2020 until 60 days after final adjournment of the 2021 Regular Session shall become effective. Therefore, under the
suspension of R.S. 32:295.1(E), proposed concurrent resolution allows the failure to wear a safety belt to be used as evidence of
comparative negligence and to mitigate damages in motor vehicle accident claims or lawsuits. Proposed resolution becomes effective
August 1, 2020 through the 60th day after final adjournment of the 2021 Regular Session only if HB 57 of the 2020 1st Extraordinary
Session fails to become law.
EXPENDITURES 2020-21 2021-22 2022-23 2023-24 2024-25 5 -YEAR TOTAL
State Gen. Fd. SEE BELOW SEE BELOW $0 $0 $0 $0
Agy. Self-Gen. SEE BELOW SEE BELOW $0 $0 $0 $0
Ded./Other SEE BELOW SEE BELOW $0 $0 $0 $0
Federal Funds $0 $0 $0 $0 $0 $0
Local Funds SEE BELOW SEE BELOW $0 $0 $0 $0
Annual Total $0 $0 $0 $0
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
If HB 57 of the 2020 1st Extraordinary Session is not enacted or is vetoed by the Governor, proposed concurrent resolution shall become
effective. Under proposed concurrent resolution, there will be an indeterminable impact on the Office of Risk Management (ORM) as a
result of potential and future claim payments related to motor vehicle accidents occurring between adoption of the proposed resolution
from August 1, 2020 through August 10, 2021. ORM could not provide the number of pending cases involving safety belts by the time of
this writing. Also, the number of claims involving seat belt usage which may be filed in the future is indeterminable.
Proposed resolution allows a party involved in a claim or 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 that person. Such evidence may reduce the damages paid to
an injured person. However, the proposed concurrent resolution does not require that the failure to wear a safety belt be admitted into
evidence. Judges will still have discretion over which evidence is presented to the trier of fact. Therefore, any decrease in expenditures
related to reduced settlements and/or judgments within ORM is indeterminable. LSU’s Office of Risk Management and local governmental
agencies will experience the same indeterminable impact.
Proposed concurrent resolution is effective August 1, 2020 until the 60th day after the final adjournment of the 2021 Regular Session
(August 10, 2021) only if HB 57 of the 2020 1st Extraordinary Session fails to become law.
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}
Evan Brasseaux
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} Staff Director