This Fiscal Note is not an official copy and should not be quoted or cited.
Fiscal Note - SB 0058 - Sheriff to Enforce Access to Family Cemeteries

L.R. NO.  0043-02
BILL NO.  HCS for SB 58
SUBJECT:  Cemeteries: Law Enforcement
TYPE:     Original
DATE:     April 17, 1997



                              FISCAL SUMMARY

                    ESTIMATED NET EFFECT ON STATE FUNDS


FUND AFFECTED              FY 1998             FY 1999           FY 2000


Total Estimated
Net Effect on All
State Funds                     $0                  $0                $0


                   ESTIMATED NET EFFECT ON FEDERAL FUNDS


FUND AFFECTED              FY 1998             FY 1999           FY 2000

Total Estimated
Net Effect on All
Federal Funds                   $0                  $0                $0



                    ESTIMATED NET EFFECT ON LOCAL FUNDS


FUND AFFECTED              FY 1998             FY 1999           FY 2000
Local Government                $0                  $0                $0


                              FISCAL ANALYSIS

ASSUMPTION

Section 214.132
Officials from the Department of Economic Development (DED), Professional
Registration (DPR) assume no fiscal impact.

Atchison County Sheriff assumes no fiscal impact.

Officials from the Missouri Sheriffs Association stated that there would be
no fiscal impact to the state's sheriffs.

Section 1:
Officials from the Office of the Attorney General (AGO) and the Department of
Natural Resources (DNR) stated this proposal would have no state fiscal
impact.

Officials from the City of St. Louis stated that the city acquired ownership
of a cemetery for delinquent taxes.  Officials assume this proposal is
permissive and provides an avenue by which the city could dispose of the
property and recover the cities' delinquent taxes.  Officials assume no
fiscal impact.


Oversight assumes no state fiscal impact.


FISCAL IMPACT - State Government   FY 1998   FY 1999   FY 2000
                                  (10 Mo.)

                                        $0        $0        $0


FISCAL IMPACT  - Local Government  FY 1998   FY 1999   FY 2000
                                  (10 Mo.)

                                        $0        $0        $0


FISCAL IMPACT - Small Business

No direct fiscal impact to small businesses would be expected as a result of
this proposal.


DESCRIPTION

This proposal would make the county sheriff responsible for enforcing an
individual's right of access to a family cemetery which is surrounded by
private property in the event that the property owner denies such access.

Section 1 would allow St. Louis city to sell cemeteries it owns to a cemetery
operator or a not-for-profit corporation.  Cemetery operators who purchase a
cemetery from the city are not liable for wrongful interments or errors made
within the scope of business prior to the purchase of the cemetery.  The
previous wrongdoer remains liable for actions related to the cemetery during
the time of ownership.  Endowed care cemeteries must register and comply with
the endowed care regulations.

This legislation is not federally mandated, would not duplicate any other
program and would not require additional capital improvements or rental
space.


SOURCES OF INFORMATION

Office of the Attorney General
Department of Natural Resources
Department of Economic Development, Professional registration
Atchison County Sheriff
Mo. Sheriffs Association
City of St. Louis