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F I S C A L I M P A C T R E P O R T



SPONSOR: Lujan DATE TYPED: 02/18/99 HB 466
SHORT TITLE: Additional Insurance Coverage for DA Staff SB
ANALYST: Pickering

APPROPRIATION



Appropriation Contained
Estimated Additional Impact
Recurring

or Non-Rec

Fund

Affected

FY99 FY2000 FY99 FY2000
NFI $ 50.0 NFI appropriation

extends to the end of FY2001

Recurring GF



(Parenthesis ( ) Indicate Expenditure Decreases)



SOURCES OF INFORMATION



Administrative Office of the District Attorneys (AODA)



SUMMARY



Synopsis of Bill



HB 466 provides an appropriation of $50.0 from the general fund to the AODA for the purpose of purchasing additional liability insurance coverage for staff in district attorney offices.



Significant Issues



According to the AODA, there are instances when DAs and their staffs are sued by plaintiffs whereby Risk Management does not provide insurance coverage. The non-coverage is based upon an existing state statute and a 1985 Attorney General Opinion which interprets that statute. AODA maintains that until the law is changed, the DAs and their staff attorneys will continue to require this additional coverage.



FISCAL IMPLICATIONS



HB 466 appropriates $50.0 to the AODA to use in FY2000 and FY2001 for purchasing additional group liability coverage. The agency believes the allocation is sufficient based upon previous examination and quotes from insurance companies.





ADMINISTRATIVE IMPLICATIONS



According to AODA, the additional liability insurance will have positive implications for DAs, who will now be able to perform their prosecutorial duties without having to worry about defending themselves in frivolous lawsuits.



CONSEQUENCES OF NOT ENACTING THIS BILL



Without passage of the bill, the agency believes that DAs and their staffs will continue to be targets of frivolous lawsuits.



RWP/gm