LEGISLATIVE FISCAL OFFICE
Fiscal Note
Fiscal Note On: HB 207 HLS 23RS 596
Bill Text Version: ENROLLED
Opp. Chamb. Action:
Proposed Amd.:
Sub. Bill For.:
Date: June 7, 2023 4:20 PM Author: SCHAMERHORN
Dept./Agy.: Corrections
Subject: Crime of Unlawful Swimming in Certain Waterways Analyst: Daniel Druilhet
CRIME/MISDEMEANOR EN SEE FISC NOTE GF EX See Note Page 1 of 1
Establishes penalties associated with minors swimming in certain waterways without personal flotation devices
Proposed law creates the crime of unlawful swimming in certain waterways, which makes it unlawful for any parent with care and control
of a minor to permit a minor knowingly, willfully, or through criminal negligence to swim without wearing a Type I, Type II, Type III, or
Type V personal flotation device approved by the United States Coast Guard in the portion of any river beginning from a water-controlled
structure through which that river flows to a point seventy miles downstream when that structure creates a reservoir used to generate
hydroelectric power; requires that the distance provided in proposed law shall be measured from the structure, along a line drawn
downstream in the middle of the river bed.
Proposed law creates the penalty for violation of unlawful swimming in certain waterways as follows -- on first conviction, issuance of a
warning ticket to the parent or legal guardian (PLG), a fine of not more than $25, or both; on second conviction, a fine of not less than
$50 or imprisonment of the parent or legal guardian for not more than 7 days, or both; on third or subsequent conviction, a fine of not
less than $75 nor more than $250 or imprisonment of the parent or legal guardian for not more than 30 days, or both.
EXPENDITURES 2023-24 2024-25 2025-26 2026-27 2027-28 5 -YEAR TOTAL
State Gen. Fd. SEE BELOW SEE BELOW SEE BELOW SEE BELOW SEE BELOW
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
REVENUES 2023-24 2024-25 2025-26 2026-27 2027-28 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 SEE BELOW SEE BELOW SEE BELOW SEE BELOW SEE BELOW
Annual Total
EXPENDITURE EXPLANATION
Proposed law may result in an indeterminable increase in SGF expenditures in the Department of Public Safety and
Corrections – Corrections Services (DPSC – CS) if a parent is convicted of permitting a minor knowingly, willfully, or through
criminal negligence to swim without wearing a Type I, Type II, Type III, or Type V personal flotation device approved by the
United States Coast Guard in the portion of any river beginning from a water-controlled structure through which that river
flows to a point seventy miles downstream when that structure creates a reservoir used to generate hydroelectric power.
The exact fiscal impact of the passage of this legislation is indeterminable since it creates a new crime and makes optional
the sentences of imprisonment. The exact fiscal impact of this legislation is also indeterminable because it is not known how
many people will be convicted and subsequently sentenced or the lengths of those sentences if it is enacted.
SGF expenditures will increase by $101.76 per offender per day to the extent that an offender is convicted and then
subsequently housed in a state facility or $26.39 per offender per day for an offender housed in a local facility. Proposed law
is a misdemeanor offense, and the maximum fiscal impact per offender per offense will vary depending upon whether the
offense for which the offender was convicted resulted in a second or third or subsequent conviction (i.e. sentences of no
more than 7 or 30 days).
REVENUE EXPLANATION
Proposed law may result in an indeterminable increase in local revenues as a result of potential fines for being convicted of
unlawful swimming in certain waterways. The exact fiscal impact of the passage of this legislation on local revenue is
indeterminable because while fines imposed for conviction of the proposed legislation are mandatory, the amount assessed
for each fine may fluctuate.
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} Interim Deputy Fiscal Officer