SB 0804 - Fiscal Note

Fiscal Note - SB 0804 - Allows Kansas City to require forfeiture of vehicle used to dump waste illegally

COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. NO. 2885-01

BILL NO. SB 804

SUBJECT: Motor Vehicles: Environmental Protection, Waste

TYPE: Original

DATE: January 30, 1998

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FISCAL SUMMARY

ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED	FY 1999	FY 2000	FY 2001
None	$0	$0	$0
Total Estimated Net Effect on All State Funds	$0	$0	$0

ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED	FY 1999	FY 2000	FY 2001
None	$0	$0	$0
Total Estimated Net Effect on All Federal Funds	$0	$0	$0

ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED	FY 1999	FY 2000	FY 2001
Local Government*	$0	$0	$0

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

Numbers within parentheses: ( ) indicate costs or losses

This fiscal note contains 3 pages.

FISCAL ANALYSIS

ASSUMPTION

Based on a response from a similar proposal from the 1997 regular session, 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."

Based on a response from a similar proposal from the 1997 regular session, officials of the Office of Attorney General (AGO) assume no fiscal impact to their office.

Based on a response from a similar proposal from the 1997 regular session, 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.

Based on a response from a similar proposal from the 1997 regular session, 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 1999	FY 2000	FY 2001
	(10 Mo.)
	$0	$0	$0
FISCAL IMPACT - Local Government	FY 1999	FY 2000	FY 2001
	(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

Jeanne Jarrett, CPA

Director

January 30, 1998