COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.: 3984-01
Bill No.: SB 1117
Subject: Courts
Type: Original
Date: March 1, 2004
FISCAL SUMMARY
| FUND AFFECTED | FY 2005 | FY 2006 | FY 2007 |
| Total Estimated
Net Effect on General Revenue Fund |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2005 | FY 2006 | FY 2007 |
| 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 2005 | FY 2006 | FY 2007 |
| Total Estimated
Net Effect on All Federal Funds |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2005 | FY 2006 | FY 2007 |
| Local Government | $0 | $0 | $0 |
ASSUMPTION
Officials from the Department of Revenue - Division of Taxation and the State Treasurer's Office assume the proposed legislation would have no fiscal impact on their agencies.
Officials from the Office of State Courts Administrator (CTS) assume the proposed legislation would provide that, in addition to all court fees and costs prescribed by law, a surcharge of up to ten dollars shall be assessed as costs in each court proceeding filed in the twenty-third judicial circuit (Jefferson County) in all civil and criminal cases, including violations of any county or municipal ordinances and any violations of criminal or traffic laws of the state, including an infraction, except that no such surcharge shall be collected in any criminal or traffic proceeding when the proceeding or defendant has been dismissed by the court or when costs are to be paid by the state, county, or municipality. For civil cases and violations of the general criminal laws of the state or county ordinances, no such surcharge shall be collected unless it is authorized by order, ordinance, or resolution of the governing body of the county. For violations of municipal ordinances, no such surcharge shall be collected unless it is authorized by the municipal government where the violation occurred.
ASSUMPTION (continued)
CTS assumes the county is to use all funds received pursuant to this section only to pay for costs associated with the operation of judicial facilities of the twenty-third judicial circuit, including but not limited to construction, improvement, maintenance, and operations.
There were 9,501 general civil cases (includes general civil, domestic relations, chapter 517, and small claims cases) filed in FY 03, and 21,881 criminal cases filed. Because of the provision requiring authorization by a governing body, CTS has no way of knowing how many cases would actually have this money assessed. Additionally, the collection rate in many of these cases where the surcharge can be assessed is only 80%.
Officials from Jefferson County did not respond to Oversight's request for fiscal impact.
Oversight assumes the surcharge would be applicable only if authorized in the county and municipalities of the 23rd judicial circuit. Oversight assumes the revenues would be used for construction, improvements, maintenance, and operations of the judicial facilities of the 23rd judicial circuit. Oversight assumes the revenues and costs to be offsetting.
| FISCAL IMPACT - State Government | FY 2005
(10 Mo.) |
FY 2006 | FY 2007 |
| $0 | $0 | $0 |
| FISCAL IMPACT - Local Government | FY 2005
(10 Mo.) |
FY 2006 | FY 2007 |
| POLITICAL SUBDIVISIONS | |||
| Revenues - Counties | |||
| Surcharge on civil and criminal cases | $0 to Unknown | $0 to Unknown | $0 to Unknown |
| Costs - Counties | |||
| Operations of judicial facilities | ($0 to Unknown) | ($0 to Unknown) | ($0 to Unknown) |
| ESTIMATED NET EFFECT ON POLITICAL SUBDIVISIONS |
$0 |
$0 |
$0 |
FISCAL IMPACT - Small Business
No direct fiscal impact to small businesses would be expected as a result of this proposal.
DESCRIPTION
The proposed legislation would authorize a surcharge of up to $10 be assessed in each court proceeding filed in the 23rd judicial circuit (Jefferson County) in all civil and criminal cases, including violations of county or municipal ordinances any violations of traffic laws, if authorized by the county and municipalities. The county would use the funds generated by the surcharge for costs associated with the operation of judicial facilities of the 23rd judicial circuit.
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
Department of Revenue
- Division of Taxation
State Treasurer's Office
NOT RESPONDING
Jefferson County
Mickey Wilson, CPA
Director
March 1, 2004