COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. No.: 4910-01

Bill No.: SB 1193

Subject: Retirement - Prosecuting Attorneys

Type: Original

Date: March 5, 2002




FISCAL SUMMARY



ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 2003 FY 2004 FY 2005
Total Estimated

Net Effect on All

State Funds

$0 $0 $0



ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 2003 FY 2004 FY 2005
Total Estimated

Net Effect on All

Federal Funds

$0 $0 $0



ESTIMATED NET EFFECT ON LOCAL FUNDS
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.





FISCAL ANALYSIS



ASSUMPTION



The Joint Committee on Public Employee Retirement indicates that this legislation does not represent a "substantial proposed change" in future plan benefits as defined in Section 105.660(5), and, as such, an actuarial cost statement is not required.



Officials with the Office of Prosecution Services (OPS) assume the proposal will not have any direct fiscal impact. However, OPS notes that the proposal will take effect in FY 2007 and could cost approximately $500,000.



Officials with the County Employees Retirement Fund (CERF) and the Prosecuting Attorneys Retirement System (PARS) assume the proposal will present no fiscal impact.





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 proposal establishes a District Attorney System. District attorneys shall be elected at the 2006 general election in each judicial circuit for counties that elect to be part of the system, and serve for four year terms. The District Attorney of each circuit shall receive the same annual salary as a Circuit Judge, paid by the state.



District attorneys shall prosecute all criminal actions for the circuits in which they serve. They may appoint full and part time assistants, investigators and clerical staff, who shall be paid by the county and serve at the pleasure of the District Attorney.



The act contains a schedule for reimbursement by the state for the budget of offices in the District Attorney System, ranging from 5 percent in 2007 to 50 percent in 2016 for circuits



DESCRIPTION (continued)



consisting of one county, and from 10 percent in 2007 to 50 percent in 2011 for circuits consisting of more than one participating county. District Attorneys shall devote full time to their offices and shall not engage in the practice of law. The act specifies a procedure for counties not having a charter form of government to join the system.



The act also revises the retirement provision to provide for Prosecuting or Circuit Attorneys in counties that elect to become part of the District Attorney System.



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



Joint Committee on Public Employee Retirement

County Employees Retirement System

Prosecuting Attorneys Retirement System

Office of Prosecution Services









Mickey Wilson, CPA

Acting Director

March 5, 2002