This Fiscal Note is not an official copy and should not be quoted or cited.
Fiscal Note - SB 0302 - Tampering With a Public Record

L.R. NO.  1168-01
BILL NO.  SB 302 with SCA1
SUBJECT:  Public Records:  Tampering
TYPE:     Original
DATE:     April 22, 1997



                              FISCAL SUMMARY

                    ESTIMATED NET EFFECT ON STATE FUNDS


FUND AFFECTED              FY 1998             FY 1999           FY 2000
None

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
None

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

In response to a similar proposal, officials from the Office of State Courts
Administrator assumed a small number of cases could become more protracted;
however, they would not expect any appreciable cost impact on the budget of
the judiciary.

In response to a similar proposal, officials from the Office of
Administration - Division of Accounting, the Office of the Attorney General,
the Office of Prosecution Services, and the Office of the State Public
Defender assumed there would be no fiscal impact on their agencies.


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

The proposal would amend the law relating to the crime of tampering with a
public record by making it a crime for a civil officer to fail to deliver all
records to his successor or for any person to fail to return any public
records to the officer responsible for those records.  This proposal would
define "records" and "public records" to include any records maintained in an
electronic format.  Under current law, tampering with a public record is a
Class A misdemeanor.  This proposal would make it a Class D felony
(sentencing up to five years).

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 Administration - Division of Accounting
Office of the Attorney General
Office of Prosecution Services
Office of the State Public Defender