COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION


FISCAL NOTE


L.R. No.:         4298-01

Bill No.:          HB 1898

Subject:           Courts; Criminal Procedure; Judges

Type:              Original

Date:               March 10, 2008





 

Bill Summary:            The proposal revises the law concerning redacting identifying information from court records prior to disclosure to the public.



FISCAL SUMMARY


ESTIMATED NET EFFECT ON GENERAL REVENUE FUND

FUND AFFECTED

FY 2009

FY 2010

FY 2011

General Revenue

(More than $100,000)

(More than $100,000)

(More than $100,000)

 

 

 

 

Total Estimated

Net Effect on

General Revenue

Fund

(More than $100,000)

(More than $100,000)

(More than $100,000)


ESTIMATED NET EFFECT ON OTHER STATE FUNDS

FUND AFFECTED

FY 2009

FY 2010

FY 2011

 

 

 

 

 

 

 

 

Total Estimated

Net Effect on Other

State Funds

$0

$0

$0


Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 5 pages.




ESTIMATED NET EFFECT ON FEDERAL FUNDS

FUND AFFECTED

FY 2009

FY 2010

FY 2011

 

 

 

 

 

 

 

 

Total Estimated

Net Effect on All

Federal Funds

$0

$0

$0



ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)

FUND AFFECTED

FY 2009

FY 2010

FY 2011

 

 

 

 

 

 

 

 

Total Estimated

Net Effect on

FTE

0

0

0


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).


ESTIMATED NET EFFECT ON LOCAL FUNDS

FUND AFFECTED

FY 2009

FY 2010

FY 2011

Local Government

$0

$0

$0








FISCAL ANALYSIS


ASSUMPTION


Officials from the Office of State Courts Administrator (CTS) assume the proposed legislation would require court personnel to redact any information that could be used to identify or locate a victim of sexual assault, domestic assault, stalking, or any violation of Chapter 566 or Chapter 568, RSMo. After written request for information contained in the court record, the court shall order the information redacted.


CTS assumes redacting victim information from Chapter 566 and Chapter 568 cases will be time consuming for court clerks. In FY 2007, approximately 14,726 cases were filed under these Chapters. Additionally, courts may incur costs to set up a unique filing system for these records.


While they are unable to provide a specific dollar amount at this time, CTS assumes the cost would exceed $100,000 in any given year.


Officials from the Office of the Secretary of State (SOS) assume many bills considered by the General Assembly include provisions allowing or requiring agencies to submit rules and regulations to implement the act. The SOS is provided with core funding to handle a certain amount of normal activity resulting from each year’s legislative session. The fiscal impact for this proposal for Administrative Rules is less than $2,500. The SOS recognizes this is a small amount and does not expect additional funding would be required to meet these costs. However, SOS also recognizes that many such bills may be passed in a given year and that collectively the costs may be in excess of what the SOS can sustain with their core budget. Any additional required funding would be handled through the budget process.




FISCAL IMPACT - State Government

FY 2009

(10 Mo.)

FY 2010

FY 2011

GENERAL REVENUE FUND

 

 

 

 

 

 

 

Costs – Office of State Courts Administrator

 

 

 

     Preparing records for disclosure to the public


(More than $100,000)


(More than $100,000)


(More than $100,000)

 

 

 

 

ESTIMATED NET EFFECT ON GENERAL REVENUE FUND


(More than $100,000)


(More than $100,000)


(More than $100,000)



FISCAL IMPACT - Local Government

FY 2009

(10 Mo.)

FY 2010

FY 2011

 

 

 

 

 

$0

$0

$0



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 adds any violation of Chapters 566 and 568, RSMo, to the list of offenses for which redaction of any identifying information of victims from court records prior to disclosure to the public is required. The proposal limits the redaction requirement to only information concerning the victim.


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

Office of the Secretary of State







                                                                                                Mickey Wilson, CPA

                                                                                                Director

                                                                                                March 10, 2008