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 0370 - Requires a test of compelling state interest be applied to all laws that affect the free exercise of religion
COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. NO.: 1022-04
BILL NO.: SB 370
SUBJECT: Religion: Municipalities and counties
TYPE: Original
DATE: February 15, 1999
FISCAL SUMMARY
|
ESTIMATED NET EFFECT ON STATE FUNDS | |||
| FUND AFFECTED | FY 2000 | FY 2001 | FY 2002 |
| Total Estimated
Net Effect on All State Funds |
$0 | $0 | $0 |
|
ESTIMATED NET EFFECT ON FEDERAL FUNDS | |||
| FUND AFFECTED | FY 2000 | FY 2001 | FY 2002 |
| Total Estimated
Net Effect on All Federal Funds |
$0 | $0 | $0 |
|
ESTIMATED NET EFFECT ON LOCAL FUNDS | |||
| FUND AFFECTED | FY 2000 | FY 2001 | FY 2002 |
| Local Government | $0 | $0 | $0 |
Numbers within parentheses: ( ) indicate costs or losses
This fiscal note contains 3 pages.
FISCAL ANALYSIS
ASSUMPTION
Representatives of the Office of State Courts Administrator would expect a few cases to test the parameters of the proposal but would not expect a material impact on the workload of state courts.
Officials from the State Public Defender and the Office of Prosecution Services indicated that the proposal would not directly affect prosecutors or public defenders.
Oversight notes that the requirement for analyses of bills does not specify who is to perform the analyses.
| FISCAL IMPACT - State Government | FY 2000 | FY 2001 | FY 2002 |
| (10 Mo.) | |||
| 0 | 0 | 0 | |
| FISCAL IMPACT - Local Government | FY 2000 | FY 2001 | FY 2002 |
| (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
This proposal would require that a test of compelling state interest be applied to all state and local laws in cases which would affect the exercise of religion. No law could restrict a person's free exercise of religion unless the law is generally applicable and furthers a compelling governmental interest in the least restrictive way.
State law adopted after the effective date of this proposal would be subject to terms of this proposal unless a law explicitly excludes application of this proposal by reference to this proposal.
Every bill introduced in the general assembly would be analyzed to determine that the bill complied with this proposal.
DESCRIPTION (continued)
This proposal contains a severability clause.
This legislation is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space. The proposal would not affect Total State Revenues.
SOURCES OF INFORMATION
Office of Prosecution Services
State Courts Administrator
State Public Defender
Jeanne Jarrett, CPA
Director
February 15, 1999