COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.: 3741-01
Bill No.: SB 948
Subject: Requires disclosure of the transfer of human fetal parts for research purposes.
Type: Original
Date: February 5, 2002
FISCAL SUMMARY
| FUND AFFECTED | FY 2003 | FY 2004 | FY 2005 |
| Total Estimated
Net Effect on All State Funds |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2003 | FY 2004 | FY 2005 |
| 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 and Department of Health and Senior Services assume the proposed legislation will not fiscally impact their organizations.
Officials from the Department of Corrections (DOC) stated that currently the DOC cannot predict the number of new commitments which may result from the creation of the offenses(s) outlined in this proposal. An increase in commitments depends on the utilization by prosecutors and the actual sentences imposed by the court.
If additional persons are sentenced to the custody of the DOC due to the provisions of this legislation, the DOC will incur a corresponding increase in operational cost through supervision provided by the Board of Probation and Parole (FY01 average of $3.34 per offender, per day or an annual cost of $1,219 per offender). Supervision by the DOC through probation or incarceration would result in some additional costs, but it is assumed the impact would be $0 or a minimal amount that could be absorbed within existing resources.
Officials from the Office of Attorney General (AGO) did not respond to our request for a statement of fiscal impact.
Oversight assumes the proposed legislation will not result in a significant cost to the AGO.
| 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
This act requires the disclosure of the transfer or use of human fetal parts.
This act defines "human fetal parts" as any deceased fetus or child who has been delivered by means of induced or spontaneous abortion or any tissue or organ of such fetus or child. "Valuable consideration" is also defined to include methods of payment or debt incurrence associated with the transfer of human fetal parts.
The act prohibits any person or entity from transferring human fetal parts for valuable consideration without properly disclosing the information surrounding the transfer to the Department of Health and Senior Services. The act also prohibits the shipping of human fetal parts by any person or entity without full disclosure of the contents to the shipping carrier.
This act will not apply to the unpaid transfer of human fetal tissue by a family to a pathologist for testing or to the transfer of human fetal parts for burial or cremation. Any individual violating this section will be
guilty of a Class A misdemeanor.
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 Corrections
Department of Health and Senior Services
NOT RESPONDING: Office of Attorney General
Mickey Wilson, CPA
Acting Director
February 5, 2002