Fiscal Note - SB 0442 - Establishes a petition Process to Recall Prosecutors in Certain 3rd Classification Counties
L.R. NO. 1697-01
BILL NO. SB 442
SUBJECT: Prosecuting Attorney Recalls
TYPE: Original
DATE: March 17, 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 or (Unknown) $0 or (Unknown) $0 or (Unknown)
FISCAL ANALYSIS
ASSUMPTION
Officials from the Office of Prosecution Services (OPS) assume the proposed
legislation would have no fiscal impact on their agency. However, OPS
assumes the proposal could have an unknown fiscal impact on certain
individual prosecutors.
Officials from the Office of State Courts Administrator, the Office of the
Attorney General, and the Office of the Secretary of State assume the
proposal would have no fiscal impact on their agencies.
Oversight assumes the proposal could have an unknown fiscal impact on the
local governmental entities that meet the criteria outlined herein. If a
recall petition is filed, there would be unknown local costs associated with
verification of the signatures and additional costs incurred as a result of
the special election. If there are no recall petitions filed, then there
would be no local costs incurred. Therefore, Oversight assumes the proposal
would result in a fiscal impact of zero or unknown local costs.
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.)
LOCAL GOVERNMENTAL ENTITIES
Cost - Certain Third Class Counties $0 or $0 or $0 or
Verification and Special Election Costs (Unknown) (Unknown) (Unknown)
ESTIMATED NET EFFECT ON $0 or $0 or $0 or
LOCAL GOVERNMENTAL ENTITIES (Unknown) (Unknown) (Unknown)
FISCAL IMPACT - Small Business
No direct fiscal impact to small businesses would be expected as a result of
this proposal.
DESCRIPTION
The proposal would establish a recall process for the county prosecutor in
any third classification county which has less than ten licensed attorneys
domiciled in the county. If at least 5% of all registered voters in the
county sign the recall petition, the issue would go to the voters. The
reasons for recall would be misconduct in office, incompetence, or failure to
perform the duties prescribed by law. If a majority of the voters approve
removal, a vacancy would be created, otherwise the prosecutor would continue
to serve the term.
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 Prosecution Services
Office of State Courts Administrator
Office of the Attorney General
Office of the Secretary of State
This Fiscal Note is not an official copy and should not be quoted or cited.