This Fiscal Note is not an official copy and should not be quoted or cited.
This Fiscal Note is not an official copy and should not be quoted or cited.
Fiscal Note - SB 0856 - Grants Jefferson County right to establish a county municipal court plan
COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. NO. 2954-02
BILL NO. SB 856 with SCA #1
SUBJECT: County Government: Courts
TYPE: Original
DATE: March 18, 1998
FISCAL SUMMARY
ESTIMATED NET EFFECT ON STATE FUNDS or (Unknown) or (Unknown) or (Unknown) Net Effect on All State Funds* or (Unknown) or (Unknown) or (Unknown) * Net effect does not include a small decrease in workload. ESTIMATED NET EFFECT ON FEDERAL FUNDS Net Effect on All Federal Funds
FUND AFFECTED
FY 1999
FY 2000
FY 2001 General Revenue
$0 to ($50,000)
$0 to ($50,000)
$0 to ($50,000)
Total Estimated
$0 to ($50,000)
$0 to ($50,000)
$0 to ($50,000)
FUND AFFECTED
FY 1999
FY 2000
FY 2001
Total Estimated
$0
$0
$0
|
ESTIMATED NET EFFECT ON LOCAL FUNDS | |||
| FUND AFFECTED | FY 1999 | FY 2000 | FY 2001 |
| Local Government* | $0 to Unknown | $0 to Unknown | $0 to Unknown |
*Oversight assumes this proposal to be permissive. Costs would not be expected to exceed income in a given year resulting in either a zero or positive fiscal impact.
Numbers within parentheses: ( ) indicate costs or losses
This fiscal note contains 4 pages.
FISCAL ANALYSIS
ASSUMPTION
Officials of the Department of Natural Resources assumes that penalties collected for violations of the solid waste management laws are distributed directly to the appropriate county school fund. Accordingly the department assumes state funds would not be impacted by providing Jefferson county this additional authority. Officials assume no fiscal impact to the DNR.
Officials of the Office of State Courts Administrator assume the proposed legislation would authorize Jefferson County to establish a county municipal court to hear county ordinance (order) cases. The expense of the new court would be a local cost and at the discretion of the county.
Currently, there are about 1,000 ordinance cases per year handled by the associate circuit judges in Jefferson County. If shifted, there would be a small decrease in income to state General Revenue funds, and a corresponding decrease in workload.
The loss in funds would be less than $50,000. However, should the county decide to prosecute traffic and other offenses, which are now being handled as state offenses, under local ordinances, the impact could be correspondingly larger. Senate Committee Amendment #1 offers the potential to limit the amount of loss of revenue to the State's General Revenue Fund, however, the amount is indeterminable and unknown.
Oversight assumes this proposal to be permissive. Any fiscal impact would be dependent upon whether the Jefferson county Commission would establish a county municipal court plan. If the county would elect not to establish the provisions in this proposal there would be no state or local fiscal impact. If the county would elect to establish a county court plan there would be fiscal impact to state and local funds. State fiscal impact would be dependant upon the type of ordinances that would be adopted and whether the county would prosecute those ordinance violations under local or state laws. If only current ordinances would be prosecuted, fiscal impact to state funds would result in a loss of revenue of less than $50,000 annually. If the county would adopt ordinances with penalty provisions consistent with state law and prosecute under county ordinances rather than state law, then loss of income to the state's General Revenue fund would exceed $50,000 annually. Actual loss would be indeterminable and is unknown. Oversight will show state fiscal impact as $0 to ($50,000) or (Unknown).
Oversight assumes Jefferson County would have no fiscal impact unless the County Commission would establish a county municipal court plan. If the county would establish a court plan then the county would realize income in an unknown amount annually from fees and fines, and would have the expense of establishing and maintaining the county municipal court. Oversight assumes that both income and costs would exceed $50,000 annually and would be dependent upon the
ASSUMPTION (continued)
type of ordinances adopted and under what law they would be prosecuted. Oversight will show income and costs as $0 to Unknown.
Oversight assumes that costs would not exceed income resulting in either a zero or positive fiscal impact annually.
| FISCAL IMPACT - State Government | FY 1999 | FY 2000 | FY 2001 |
| (10 Mo.) | |||
| GENERAL REVENUE FUND | |||
| Loss to General Revenue Fund | $0 to | $0 to | $0 to |
| From courts fees in Jefferson County | ($50,000) | ($50,000) | ($50,000) |
| or (Unknown)* | or (Unknown) | *or (Unknown)* | |
| *Fiscal impact does not include administrative impact in the form of a small decrease in workload. | |||
| FISCAL IMPACT - Local Government | FY 1999 | FY 2000 | FY 2001 |
| (10 Mo.) | |||
| Income to Jefferson County | |||
| from fines, and fees | $0 to | $0 to | $0 to |
| $50,000 | $50,000 | $50,000 | |
| or Unknown | or Unknown | or Unknown | |
| Cost to Jefferson County | |||
| from establishing and maintaining | |||
| a County Municipal Court | $0 to | $0 to | $0 to |
| (Unknown) | (Unknown) | (Unknown) | |
|
ESTIMATED NET EFFECT TO | |||
| JEFFERSON COUNTY* | $0 to | $0 to | $0 to |
| Unknown | Unknown | Unknown | |
| *Oversight assumes that income would exceed costs resulting in either a zero or positive fiscal impact. | |||
FISCAL IMPACT - Small Business
No direct fiscal impact to small business would be expected as a direct result of this proposal.
DESCRIPTION
This act grants Jefferson County the authority to prosecute county ordinance violations, that would be limited to traffic violations, solid waste management, and animal control, in circuit court, or in a county municipal court. Current law authorizes such county municipal courts only
in first class charter counties. The bill integrates the existing St. Louis county municipal court plan contained in Sections 66.010 to 66.140, RSMo.
The plan allows Jefferson County the power to add penal provisions to their orders.
Municipal courts may be established by order of the County Commission, and municipal judges re-appointed by the County Commission.
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
Department of Natural Resources
Office of the State Courts Administrator
NOT RESPONDING: Jefferson County
Jeanne Jarrett, CPA
Director
March 18, 1998