COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.: 991-01
Bill No.: SB 0268
Subject: Civil Procedure; Courts; Landlords and Tenants; Administrative Law; Judges
Type: Original
Date: January 29, 2001
FISCAL SUMMARY
| FUND AFFECTED | FY 2002 | FY 2003 | FY 2004 |
| General Revenue | (Up to $100,000) | (Up to $100,000) | (Up to $100,000) |
| Total Estimated
Net Effect on All State Funds |
(Up to $100,000) | (Up to $100,000) | (Up to $100,000) |
| 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 Office of State Courts Administrator assume in FY 00, there were about 69,000 cases where there was a potential for a trial de novo appeal. Under the bill, these cases would all have to be heard on the record (sound recorded) so that any appeal would be on the record. We are not sure how many, but a substantial proportion of these cases are already sound recorded. There were about 3,455 municipal certifications and trial de novo cases.
There will be a need to sound record more cases to preserve the record. However, there will be a reduction in the trials de novo. The increase in the number of formal appeals to the Court of Appeals will probably be slight. On balance, there will be some increase in cost, but it is not likely that the higher cost would reach $100,000 in any one year.
Oversight assumes the cost could range up to $100,000 per year.
| FISCAL IMPACT - State Government | FY 2002
(10 Mo.) |
FY 2003 | FY 2004 |
| GENERAL REVENUE FUND | |||
| Cost - State Courts | |||
| Additional sound recording | (Up to $100,000) | (Up to $100,000) | (Up to $100,000) |
| ESTIMATED NET EFFECT ON GENERAL REVENUE FUND | (Up to $100,000) | (Up to $100,000) | (Up to $100,000) |
| 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
The proposed legislation would provide procedures for reviews of actions by commissioners, and eliminate civil trial de novo, except for small claims, and require that any appeal be on the record.
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
Jeanne Jarrett, CPA
Director
January 29, 2001