COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. NO.: 675-01

BILL NO.: SB - 215

SUBJECT: Returned Checks

TYPE: Original

DATE: January 30, 2001




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
Counties Unknown Unknown Unknown

Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 3 pages.





FISCAL ANALYSIS



ASSUMPTION



Officials of the Department of Economic Development - Divisions of Finance and Credit Unions assume the proposal would have no fiscal impact on their agencies.



Officials of the Office of Prosecution Services assume that the proposal would increase fees collected by county prosecutors for bad checks.



Officials of the St.Louis City Circuit Attorney's Office stated that they expect an increase in revenue over a year to year period and estimates the increase to be approximately $290,000. Officials stated that they made their estimates based on data detailing the number of checks their office collected in calendar year 2000. Officials stated that in making their calculations they assumed there would be a 33% loss in defendant restitution due to the raised AHC fee. Officials stated if the AHC fee were raised and does not result in a decrease in immediate restitution by defendants upon demand, there would be no additional cost. Officials stated if there would be a lag in the non-restitution cases there would eventually become cases within the criminal system, resulting in an increase in the costs of attorney and clerical personnel. Officials stated they believe administrative impact would not be substantial.



Officials of the Office of State Courts Administrators stated there would be no fiscal impact on the Courts.



Oversight assumes that the proposal would increase the fees assessed by prosecuting or circuit attorneys on returned checks, and that counties would consequently collect additional revenues from such fees. The amount of increased collections cannot be reasonably determined.





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
COUNTIES
Income-increased fees for bad checks Unknown Unknown Unknown





FISCAL IMPACT - Small Business



No direct fiscal impact to small businesses would be expected as a result of this proposal.



DESCRIPTION



This act increases the administrative handling costs that prosecuting attorneys or circuit attorneys may collect from issuers of bad checks. It allows collection of three times the amount of the bad check or one hundred dollars, whichever is greater, up to five hundred dollars. Current charges are five dollars for checks of less than ten dollars, ten dollars for checks of ten dollars but less than one hundred dollars, and twenty-five dollars for checks of one hundred dollars or more.



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 Economic Development - Divisions of Finance and Credit Unions

Office of Prosecution Services

Office of State Courts Administrator

Office of the St.Louis City Circuit Attorney's Office





















Jeanne Jarrett, CPA

Director

January 30, 2001