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 0440 - Certain commissioner positions are eliminated and adds certain judgeships in their place
COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. NO. 1937-02
BILL NO. Perfected SCS for SB 440
SUBJECT: Provides for judges to replace judicial commissioners.
TYPE: #Updated
DATE: April 20, 1999
# Updated due to new information from judicial circuits and the Office of the State Courts Administrator.
FISCAL SUMMARY
ESTIMATED NET EFFECT ON STATE FUNDS Net Effect on All State Funds ESTIMATED NET EFFECT ON FEDERAL FUNDS Net Effect on All Federal Funds
FUND AFFECTED
FY 2000
FY 2001
FY 2002 General Revenue
($480,288)
($984,589)
($1,009,204) Total Estimated
($480,288)
($984,589)
($1,009,204)
FUND AFFECTED
FY 2000
FY 2001
FY 2002 None
Total Estimated
$0
$0
$0
|
ESTIMATED NET EFFECT ON LOCAL FUNDS | |||
| FUND AFFECTED | FY 2000 | FY 2001 | FY 2002 |
| #Local Government | $480,288 | $984,589 | $1,009,204 |
Numbers within parentheses: ( ) indicate costs or losses
This fiscal note contains 4 pages.
FISCAL ANALYSIS
ASSUMPTION
Officials from the Office of State Courts Administrator (CTS) assume the proposed legislation would convert court commissioners to special masters within twenty days after the emergency clause goes into effect. With limited exceptions, the special master positions would be converted to judgeships following the first general election after the expiration of the term of the current incumbent. Commissioners eligible to draw judicial retirement benefits at the conclusion of the current term would be allowed to continue as a special master until they retire. The new circuit judges (16th, 21st, and 22nd) would not be authorized court reporters. Reimbursement for family court commissioners would end July 1, 2000.
In July 2000, there would be a decrease in reimbursements for the eleven family court commissioners of about $960,575 (11 times $87,235). Currently, the eleven commissioners are subject to reimbursement from local funds (Family Services and Justice funds or the Jackson County Anti Drug Tax). At the time of conversion, these reimbursements will cease and the money will be freed up for the other local earmarked services.
# Officials from the 13th Judicial Circuit Court of Missouri assume that the ceased reimbursement will allow the circuit to direct resources to other family court needs and that the circuit currently has the space to implement the proposal without additional costs.
Officials from the 22nd Judicial Circuit Court of Missouri assume a circuit judge and five associate judges will require a full-size courtroom and chambers for each judge, as well as a deputy sheriff and courtroom clerk. Five associate judges will require at least one swing court reporter; one circuit judge will require one swing court reporter and one judicial operational assistant. The additional one-time costs of furniture for six courtrooms and chambers, as well as the annual cleaning, maintenance, and necessary supplies each fiscal year are not included in these cost figures.
# Officials from the 22nd Judicial Circuit Court of Missouri indicated that the positions currently exist. However, since the language states the judges could receive other assignments, they will need courtrooms, staff, etc., that other associate judges get. Currently, the commissioners use other courtrooms and unused space.
# Oversight assumes, based on conversations with the Office of the State Courts Administrator, that the salaried positions are already in place at the 22nd Judicial Circuit Court of Missouri. It does not appear necessary to request additional courtrooms, chambers, deputy sheriffs, courtroom clerks, swing court reporters, and judicial operational assistants. Oversight has not included those costs in the fiscal note.
Officials from the Office of Administration, Office of Prosecution Services, Missouri State Employees Retirement System, Joint Committee On Public Employee Retirement and the Office of the State Public Defender assume the proposal would have no fiscal impact on their agencies.
| FISCAL IMPACT - State Government | FY 2000 | FY 2001 | FY 2002 | |||||
| (6 Mo.) | ||||||||
| GENERAL REVENUE FUND | ||||||||
| Loss of Revenue - Local reimbursements | ($480,288) | ($984,589) | ($1,009,204) | |||||
| # FISCAL IMPACT - Local Government | FY 2000 | FY 2001 | FY 2002 | |||||
| (6 Mo.) | ||||||||
| FAMILY SERVICES AND JUSTICE FUNDS | ||||||||
| OR THE JACKSON COUNTY ANTI DRUG TAX | ||||||||
| Ceased reimbursements | $480,288 | $984,589 | $1,009,204 | |||||
| FISCAL IMPACT - Small Business | ||||||||
| No direct fiscal impact to small businesses would be expected as a result of this proposal. | ||||||||
DESCRIPTION
This proposal eliminates certain existing commissioner positions and converts them to special masters within twenty days after the emergency clause goes into effect.
211.023 - Juvenile court commissionerships in St. Louis City, St. Charles, St. Louis and Jackson counties are eliminated and an associate circuit judgeship is created in exchange. This section expires on and after the twentieth day after the effective date of this proposal.
478.003 - Provides drug court commissioners with the powers of a special master. The authority allowing a majority of judges to appoint a person or persons to act as drug court commissioners expires on and after the twentieth day after the effective date of this proposal.
478.037 - With limited exceptions, the special masters positions would be converted to judgeships following the first general election after the expiration of the term of the current incumbent. Commissioners eligible to draw judicial retirement benefits at the conclusion of the
DESCRIPTION (continued)
current term would be allowed to continue as a special master until they retire.
478.265 to 478.268 - These sections expire on and after the twentieth day after the effective date of this proposal.
Section 478.466 - Subsection (1) expires on and after the twentieth day after the effective date of this proposal. The current fee collected and paid to the commissioner will now be paid to the drug court.
479.500 - Traffic judges may be authorized to act as special masters.
487.020, 487.030, 487.040 - These sections expire on and after the twentieth day after the effective date of this proposal.
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 Prosecution Services
Office of the State Public Defender
Office of Administration
Missouri State Employees Retirement System
Joint Committee on Public Employee Retirement
22nd Judicial Circuit Court of Missouri
13th Judicial Circuit Court of Missouri
NOT RESPONDING: Office of the Attorney General, 11th Judicial Circuit Court of Missouri, 16th Judicial Circuit Court of Missouri, 21st Judicial Circuit Court of Missouri.
Jeanne Jarrett, CPA
Director
April 20, 1999