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F I S C A L I M P A C T R E P O R T
SPONSOR Komadina
DATE TYPED 01/24/05 HB
SHORT TITLE Limit Hot Air Balloon Tort
SB 159
ANALYST Ford
APPROPRIATION
Appropriation Contained Estimated Additional Impact Recurring
or Non-Rec
Fund
Affected
FY05
FY06
FY05
FY06
NFI
NFI
(Parenthesis ( ) Indicate Expenditure Decreases)
SOURCES OF INFORMATION
LFC Files
SUMMARY
Synopsis of Bill
Senate Bill 159 creates the Hot Air Balloon Tort Liability Act, providing that a person shall not
recover for an injury which results from the inherent risks in a hot air balloon activity.
Significant Issues
Senate Bill 159 limits liability for an owner, lessee, renter or lawful possessor of a launch site,
land site or show site; a hot air balloon activity organizer; and a hot air balloon operator for in-
jury, loss or damage that results from the risks inherent in a hot air balloon activity.
The limitation of liability does not apply if the person:
A. provides hot air balloon equipment and knows or should know that the equipment is faulty
and an injury proximately results from the faulty condition of the equipment;
B. provides a hot air balloon and fails to make a reasonable effort to determine the ability of the
hot air balloon operator to engage safely in a hot air balloon activity;