COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.: 3178-01
Bill No.: SB 686
Subject: Civil Procedure; Courts; Juvenile Courts; Judges; Public Records, Public Meetings
Type: Original
Date: December 27, 2001
FISCAL SUMMARY
| FUND AFFECTED | FY 2003 | FY 2004 | FY 2005 |
| None | |||
| Total Estimated
Net Effect on All State Funds |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2003 | FY 2004 | FY 2005 |
| None | |||
| Total Estimated
Net Effect on All Federal Funds |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2003 | FY 2004 | FY 2005 |
| 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 (CTS) assume the proposed legislation would include some record keeping provisions relating to the courts. However, CTS would not expect a fiscal impact as a result of the proposal.
Officials from the Department of Social Services assume there would be no fiscal impact on their agency as a result of the proposed changes to the Sunshine Law.
| FISCAL IMPACT - State Government | FY 2003
(10 Mo.) |
FY 2004 | FY 2005 |
| $0 | $0 | $0 | |
| FISCAL IMPACT - Local Government | FY 2003
(10 Mo.) |
FY 2004 | FY 2005 |
| $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 establishes that all pleadings, motions and other documents filed in civil cases are open public records, with limited exceptions. Certain records which are sealed under current law, such as records in juvenile cases and records of judicial disciplinary complaints where a investigation is conducted and no formal case is filed, remain sealed. The proposal authorizes judges to order that records be sealed if the requesting party can show that the request is narrowly tailored and that no less restrictive means exist to protect disclosure of prejudicial or confidential information and that: (a) the information is a trade secret; (b) the information would cause undue harm to a party; and (c) an interest exists which substantially outweighs the right of public access to the information.
DESCRIPTION (continued)
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
Department of Social Services
Jeanne Jarrett, CPA
Director
December 27, 2001