COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



LR NO.: 675-03

BILL NO.: SCS for SB 215 & 440

SUBJECT: Returned Checks

TYPE: Original

DATE: March 7, 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 the Jackson County Prosecuting Attorney stated that this proposal would provide for an increase in the administrative handling fees.

.

Officials of the Office of Boone County Prosecuting Attorney stated that the proposed legislation is tied to a legal action rather than to the processing of a bad check, the bill encourages multiple filings and litigation. With every lawsuit filed, there is the expense of filing the charge, serving the defendant with notice, etc.. Officials stated that their office packages the administrative fees with each check on one law suit. Officials stated that the collection of administrative fees under this proposal might be increased, but the cost of collecting the fees would be significantly higher.



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 fees which bad-check violators must pay to the local Prosecuting Attorney's office. The base fee is increased to $25 for any such check. An additional fee of 10 percent of the face amount is charged for checks with a face amount of $100 or more. The maximum fee is $100 in any event.





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 State Courts Administrator

Office of Boone County Prosecuting Attorney

Jackson County Prosecuting Attorney



















Jeanne Jarrett, CPA

Director

March 7, 2001