COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. NO.: 4365-01

BILL NO.: SB 960

SUBJECT: Trespassing

TYPE: Original

DATE: February 25, 2000




FISCAL SUMMARY



ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 2001 FY 2002 FY 2003
None $0 $0 $0
Total Estimated

Net Effect on All

State Funds

$0 $0 $0



ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 2001 FY 2002 FY 2003
None $0 $0 $0
Total Estimated

Net Effect on All

Federal Funds

$0 $0 $0



ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 2001 FY 2002 FY 2003
Local Government $0 $0 $0

Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 3 pages.

FISCAL ANALYSIS



ASSUMPTION



Officials from the Office of State Courts Administrator and the Office of Attorney General assume their agencies would not be fiscally impacted by this proposed legislation.



Officials from the Office of Prosecution Services assume the impact of this proposal could be absorbed by prosecutors.



Officials from the Department of Corrections assume the impact to their agency under the proposed legislation would be $0/minimal.



Officials from the Office of State Public Defender (SPD) assume that for the purpose of this proposed legislation existing staff could provide representation for those 15-20 cases arising where indigent persons were charged with the new trespassing crimes. However, officials noted that passage of more than one similar bill would require the SPD system to request increased appropriations to cover cumulative costs of representing the indigent accused in the additional cases.



Officials from the Department of Elementary and Secondary Education assume fine moneys collected at the county level are redistributed back to the school districts of the county. These revenues are then taken as a deduction in calculating state aid. Thus, additional fine moneys which may result under this proposal would result in a redistribution of State Schools Moneys Fund. However, the magnitude of the redistribution is not expected to be significant. There would be no net savings or cost increase to the state under this proposal. Additionally, on the local level, school districts net revenues would not change.





FISCAL IMPACT - State Government FY 2001

(10 Mo.)

FY 2002 FY 2003
$0 $0 $0



FISCAL IMPACT - Local Government FY 2001

(10 Mo.)

FY 2002 FY 2003
$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 requires landowners to display "no trespassing" signs at 1,000 foot intervals. In current law, unauthorized entrance on the land of another person is a Class B misdemeanor. This proposal also subjects the violator to a fine.



Any person entering the land of another by any way other than an established entranceway is also guilty of a misdemeanor and subject to a fine of not less than $100 for the first offense and not less than $250 for the second offense.

Any person who enters the land of another through a closed gate or entranceway and fails to close such gate or entranceway after passing through the same is guilty of a Class A misdemeanor. Any person who damages and fails to restore a fence is also guilty of a Class A misdemeanor.



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 Corrections

Department of Elementary and Secondary Education

Office of Prosecution Services

Office of State Courts Administrator

Office of State Public Defender

Office of the Attorney General





Jeanne Jarrett, CPA

Director

February 25, 2000