<p> COMMONWEALTH OF KENTUCKY STATE FISCAL NOTE STATEMENT</p><p>GENERAL ASSEMBLY LEGISLATIVE RESEARCH COMMISSION 2001 REGULAR SESSION 2000-2001 INTERIM</p><p>MEASURE</p><p>(X) 2001 BR No. 841 (X) House Bill No. 232</p><p>() Resolution No. () Amendment No.</p><p>SUBJECT/TITLE An Act relating to wrongful death actions.</p><p>SPONSOR Representative Thomas Kerr and Representative Joe Fischer</p><p>NOTE SUMMARY Fiscal Analysis: Impact No Impact X Indeterminable Impact Level(s) of Impact: State Local Federal</p><p>Budget Unit(s) Impact All state agencies</p><p>Fund(s) Impact: X General Road Federal Restricted Agency (Type) (Other) FISCAL SUMMARY ______Future Annual Fiscal Estimates 2000-2001 2001-2002 Rate of Change Revenues (+/-) Expenditures (+/-) Indeterminable Indeterminable Net Effect Indeterminable Indeterminable ______</p><p>MEASURE'S PURPOSE: The purpose of HB 232 is to permit the prosecution of wrongful death action for an unborn child from fertilization onward, without regard to age, health, or condition of dependency; and exempt physicians and pregnant women from prosecution under certain circumstances.</p><p>PROVISION/MECHANICS: HB 232 amends KRS 411.130 to allow for prosecution of wrongful death action for an unborn child from fertilization onward, without regard to age, health, or condition of dependency; Amends KRS 411.135 to conform; and, creates a new section of KRS Chapter 411 to exempt physicians and pregnant women from prosecution under certain circumstances. </p><p>FISCAL EXPLANATION: The fiscal impact of this bill is indeterminable due to the inability to estimate the number of wrongful death judgements in any given year, or the amount that may be awarded. Existing statutes (KRS 44.070 (5)) relating to the Board of Claims “caps” awards against agencies of the Commonwealth to $200,000 on any single claim. On multiple claims arising from the same incident the “cap” is $350,000. In the event an award is granted in the amount of $1,000 or less, the respective agency is responsible for payment of the award. Therefore, in the event a person is awarded the maximum judgement for a single claim, the fiscal impact would be $200,000.</p><p>DATA SOURCE(S) Cabinet for Health Services, Department of Corrections, Legislative Research Commission</p><p>NOTE NO. 56 PREPARER Cindy Murray and Kim Wilson REVIEW DATE 03/01/01 LRC 2001-BR841-HB232</p>