COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
LR No.: 0544-06
Bill No.: HCS for SB 186
Subject: Marion County: Circuit Clerk, Ex-Officio Recorder of Deed
Type: Original
Date: April 21, 2003
FISCAL SUMMARY
| FUND AFFECTED | FY 2004 | FY 2005 | FY 2006 |
| Total Estimated
Net Effect on General Revenue Fund |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2004 | FY 2005 | FY 2006 |
| Total Estimated
Net Effect on Other State Funds |
$0 | $0 | $0 |
Numbers within parentheses: ( ) indicate costs or losses.
This fiscal note contains 4 pages.
| FUND AFFECTED | FY 2004 | FY 2005 | FY 2006 |
| Total Estimated
Net Effect on All Federal Funds |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2004 | FY 2005 | FY 2006 |
| Local Government | $0 | $0 | $0 |
ASSUMPTION
Officials of the Office of State Courts Administrator assume no fiscal impact on the Courts.
Officials of Cass and Jefferson Counties assume no fiscal impact.
Officials of the Laclede County Clerks' Office stated that they have separated the offices, and the fees provided by state law to run the offices is not sufficient. No fiscal impact statement was issued.
Oversight assumes to separate offices would require voter approval. Oversight assumes no state or local fiscal impact.
| FISCAL IMPACT - State Government | FY 2004 | FY 2005 | FY 2006 |
| $0 | $0 | $0 |
| FISCAL IMPACT - Local Government | FY 2004 | FY 2005 | FY 2006 |
| $0 | $0 | $0 |
FISCAL IMPACT - Small Business
No direct fiscal impact to small businesses would be expected as a result of this proposal.
DESCRIPTION
Under current law, the Circuit Court of Marion County appoints the Circuit Clerk Ex Officio Recorder of Deeds. If the office is separated into District I Circuit Clerk and Recorder of Deeds, the court continues to appoint the District I Circuit Clerk. This substitute makes the position of Circuit Clerk Ex Officio Recorder of Deeds an elected position. The first election of the position will take place at the 2006 general election.
The substitute also clarifies that in counties where the Clerk of the Circuit Court and the Recorder of Deeds have been separated, the office of Recorder of Deeds will be elected at the next general election.
The substitute also requires that the Circuit Clerk in any county, except the City of St. Louis, operating under the nonpartisan court plan must be appointed by a majority of the Circuit Judges and Associate Circuit Judges of the Circuit Court.
The clerk may be removable for cause by a majority of these judges. The substitute becomes effective on January 1, 2004. Elected Circuit Clerks in office at that time will continue to hold their office until the expiration of their elected terms.
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
Jefferson County Commission
Cass County Commission
Laclede County Clerk
NOT RESPONDING
Marion County Officials
Boone County
Callaway County
Clay County
Franklin County
Butler County
Jasper County
Howard County
Lewis County
Lincoln County
Atchison County
Andrew County
Mickey Wilson, CPA
Director
April 21, 2003