COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. No.:         0661-03

Bill No.:          Perfected HCS for HB 583

Subject:           Courts; Law Enforcement Officers and Agencies

Type:              Original

Date:               April 3, 2007

Bill Summary:            The proposal requires circuit clerks to notify the petitioner for an ex parte order of protection when the order has been served on the respondent. The proposal also requires local law enforcement agencies to track any attempted service and make a good faith effort to notify the petitioner when no more service attempts are planned.

FISCAL SUMMARY

Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 5 pages.

☐ Estimated Total Net Effect on All funds expected to exceed $100,000 savings or (cost).

☐ Estimated Net Effect on General Revenue Fund expected to exceed $100,000 (cost).

FISCAL ANALYSIS

ASSUMPTION

Officials from the Department of Social Services, Department of Public Safety – Missouri State Highway Patrol, and the – Director’s Office assume the proposal would have no fiscal impact on their agencies.

Officials from the Office of State Courts Administrator (CTS) assume the proposed legislation requires circuit clerks to provide notification information to individuals petitioning for ex parte orders of protection.

CTS states the meaning of the legislation is unclear in regard to the “information” to be provided to the petitioner. CTS assumes the “information” will be provided to the courts for distribution. If this is the case, there will be no cost to the courts. However, if the assumption is incorrect, there will be printing costs for the counties.

Officials from the Boone County Sheriff’s Department (BCSD) assume their agency would experience increased costs as a result of the provisions in the proposal. In 2005, BCSD served nearly 1,300 orders of protection. If accurate contact information was provided and contact was made on the first attempt, assuming a minimum of two minutes per call, officials estimate 44 hours would be required. Officials estimate the cost to be $770 per year (44 hours x $17.69/hour). Officials assume multiple attempts will have to be made, costing more time and money.

Oversight assumes sheriff’s departments could incur additional costs as a result of the proposal. Oversight assumes the costs would depend on the number of orders of protection for which no more service attempts will be planned. Therefore, Oversight assumes the local cost to be Unknown.

Officials from the Clark County Sheriff’s Department, Greene County Sheriff’s Department, Jackson County Sheriff’s Department, St. Louis County Sheriff’s Department, Jackson County Circuit Clerk, Phelps County Circuit Clerk, and St. Louis City Circuit Clerk did not respond to Oversight’s request for fiscal impact.

FISCAL IMPACT - Small Business

No direct fiscal impact to small businesses would be expected as a result of this proposal.

FISCAL DESCRIPTION

The proposed legislation requires circuit clerks to notify every petitioner who provides his or her telephone number that an ex parte order of protection has been served on the respondent. The proposal requires local law enforcement agencies to track any attempted service and make a good faith effort to notify the petitioner when no more service attempts are planned.

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 Public Safety

            – Missouri State Highway Patrol

            – Director’s Office

Boone County Sheriff’s Department

NOT RESPONDING

Clark County Sheriff’s Department

Greene County Sheriff’s Department

Jackson County Sheriff’s Department

St. Louis County Sheriff’s Department

Jackson County Circuit Clerk

Phelps County Circuit Clerk

St. Louis City Circuit Clerk

                                                                                                Mickey Wilson, CPA

                                                                                                Director

                                                                                                April 3, 2007