COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.: 0713-01
Bill No.: SB 187
Subject: Civil Procedure; Courts; Public Service Commission; Utilities; Telecommunications
Type: Original
Date: January 26, 2001
FISCAL SUMMARY
| FUND AFFECTED | FY 2002 | FY 2003 | FY 2004 |
| General Revenue | ($2,500) | ($2,500) | ($2,500) |
| Total Estimated
Net Effect on All State Funds |
($2,500) | ($2,500) | ($2,500) |
| FUND AFFECTED | FY 2002 | FY 2003 | FY 2004 |
| Total Estimated
Net Effect on All Federal Funds |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2002 | FY 2003 | FY 2004 |
| Local Government | $0 | $0 | $0 |
Numbers within parentheses: ( ) indicate costs or losses.
This fiscal note contains 3 pages.
ASSUMPTION
Officials from the Department of Economic Development (DED) - Public Service Commission (PSC) state the proposed legislation changes some of the judicial appeal procedures of the PSC orders. However, PSC officials assume the proposed legislation would not fiscally impact its agency.
The Department of Economic Development (DED) - Office of Public Counsel (OPC) officials assume the proposed legislation would require their agency to appeal PSC decisions directly to the Courts of Appeals. This bill will slightly reduce the time of appeals made by OPC, but would somewhat increase the cost of litigating appeals.
It is assumed that OPC would be considered a "person" under the proposed Section 386.530, and thus be required to file a $500 cost bond of appeal in each appeal of a PSC decision. OPC expects an average of five such appeals each year, approximately $2,500 annually.
Officials from the Office of State Courts Administrator (CTS) assume the proposed legislation would have no fiscal impact on its agency.
| FISCAL IMPACT - State Government | FY 2002
(10 Mo.) |
FY 2003 | FY 2004 |
| GENERAL REVENUE FUND | |||
| Costs - DED, Division of Public Counsel
Filing Fees |
($2,500) |
($2,500) |
($2,500) |
| ESTIMATED NET EFFECT ON GENERAL REVENUE FUND |
($2,500) |
($2,500) |
($2,500) |
| FISCAL IMPACT - Local Government | FY 2002
(10 Mo.) |
FY 2003 | FY 2004 |
| $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 act provides that appeals of Public Service Commission orders will be taken directly to the Court of Appeals rather than the Circuit Court. It provides that an order may be stayed pending appeal and the circumstances under which that will occur.
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
Public Service Commission
Office of Public Counsel
Office of State Courts Administrator
Jeanne Jarrett, CPA
Director
January 26, 2001