This Fiscal Note is not an official copy and should not be quoted or cited.
Fiscal Note - SB 0086 - Allows the Forfeiture of Vehicles Used for Dumping Solid Waste Illegally

L.R. NO.  0186-02
BILL NO.  SB 86
SUBJECT:  Cities: Crimes, Criminal Procedures
TYPE:     Original
DATE:     January 21, 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

*Certain cities would have fiscal impact if their governing body would enact
ordinances related to this proposal.


                              FISCAL ANALYSIS

ASSUMPTION

Officials of the Office of State Courts Administrator (CTS) stated that they
"would not anticipate any appreciable increase in additional caseloads or
cost to the state's Courts as a result of passage of this proposal."

Officials of the Office of Attorney General (AGO) assume no fiscal impact to
their office.

Officials of the Department of Natural Resources (DNR) assume their
department could be requested for assistance relating to the proper disposal
of waste if forfeiture would occur, however, officials assume no fiscal
impact to DNR.

Officials of the Kansas City Manager's Office stated this proposal is
permissive and would provide a powerful enforcement tool in deterring illegal
dumping.  Officials stated if the city would pass an ordinance as provided in
this proposal there would be enforcement cost and additional income from
fines and the sale of seized vehicles.  For the purposes of this fiscal note
Oversight assumes that Kansas City would have no fiscal impact without action
by their governing body, therefore, there would be no cost to state funds.

Officials of the City of St. Louis assume no fiscal impact.  Officials stated
that section 82.1010 is permissive.


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*

*Affected cities would realize fiscal impact if their governing body would
enact ordinances related to this proposal.


FISCAL IMPACT - Small Business

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


DESCRIPTION

This act allows the forfeiture of property used in illegal dumping activities
across the state. Violations of Chapter 260, RSMo, relating to the disposal
of waste, are added to the Criminal Activities Forfeiture Act (CAFA).

Kansas City is authorized to enact a specific ordinance to require the
forfeiture of motor vehicles used in the illegal dumping of solid waste or
demolition waste.  All local forfeiture proceedings  would be conducted in
accordance with state CAFA procedures, with some additional protection for
co-owners of the motor vehicle.  The city may use the proceeds as it sees
fit.  The city may also enact ordinances prohibiting illegal dumping with
penalties no greater than those under state law.

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 State Courts Administrator
Office of The Attorney General
Department of Natural Resources
Kansas City Manager's Office
City of St. Louis