COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. No.: 2865-01

Bill No.: HB 1151

Subject: Crimes and Punishment; Science and Technology; State Employees

Type: Original

Date: April 7, 2004




FISCAL SUMMARY



ESTIMATED NET EFFECT ON GENERAL REVENUE FUND
FUND AFFECTED FY 2005 FY 2006 FY 2007
General Revenue (Less than $100,000) (Less than $100,000) (Less than $100,000)
Total Estimated

Net Effect on

General Revenue

Fund

(Less than $100,000) (Less than $100,000) (Less than $100,000)



ESTIMATED NET EFFECT ON OTHER STATE FUNDS
FUND AFFECTED FY 2005 FY 2006 FY 2007
Total Estimated

Net Effect on All

State Funds

$0 $0 $0



Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 4 pages.











ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 2005 FY 2006 FY 2007
Total Estimated

Net Effect on All

Federal Funds

$0 $0 $0



ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 2005 FY 2006 FY 2007
Local Government $0 $0 $0




FISCAL ANALYSIS



ASSUMPTION



Officials from the Office of State Courts Administrator, the Department of Social Services, and the Department of Economic Development - Division of Professional Registration assume this proposal would not fiscally impact their agencies.



Officials from the Department of Health and Senior Services (DOH) assume this proposal would not fiscally impact the operations of the DOH. If a fiscal impact were to result, DOH would seek funds to support the program through the appropriations process.



Officials from the Department of Corrections (DOC) state this proposal prohibits individuals from engaging in or using public funds and facilities for human cloning. DOC states penalty provisions are for a class B felony.



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 proposal, the DOC will incur a corresponding increase in operational cost either through ASSUMPTION (continued)



incarceration (FY 03 average of $38.10 per inmate, per day or an annual cost of $13,907 per inmate) or through supervision provided by the Board of Probation and Parole (FY 03 average of $3.15 per offender, per day or an annual cost of $1,150 per offender).



Supervision by the DOC through probation or incarceration would result in additional unknown costs to the DOC. Eight person would have to be incarcerated per fiscal year to exceed $100,000 annually. Due to the narrow scop of this new crime, DOC assumes the impact would be less than $100,000.



FISCAL IMPACT - State Government FY 2005

(10 Mo.)

FY 2006 FY 2007
GENERAL REVENUE
Costs - Department of Corrections
Incarceration/probation costs (Less than $100,000) (Less than $100,000) (Less than $100,000)
ESTIMATED NET EFFECT ON GENERAL REVENUE (Less than $100,000) (Less than $100,000) (Less than $100,000)

FISCAL IMPACT - Local Government FY 2005

(10 Mo.)

FY 2006 FY 2007
$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 prohibits individuals from knowingly engaging or participating in human cloning and from knowingly using public funds to engage or attempt to engage in human cloning. It also

prohibits individuals from knowingly using public facilities for engaging in or attempting to engage in human cloning and prohibits public employees from allowing other individuals to

engage in or attempt to engage in human cloning while using public funds or public facilities. Violation of the bill is a class B felony.



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

Department of Economic Development -

Division of Professional Registration

Department of Health and Senior Services

Department of Corrections





Mickey Wilson, CPA

Director

April 7, 2004