COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. No.:         4503-01

Bill No.:          HB 1930

Subject:           Courts

Type:              Original

Date:               March 7, 2008

Bill Summary:            The proposal authorizes circuit courts to collect a $4 fee on all cases filed for deposit into the circuit clerk’s record preservation fund.

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 Office of State Courts Administrator (CTS) assume beginning September 1, 2008, the proposed legislation would impose a $4.00 court cost in all civil and criminal cases, including municipal and ordinance violations. This money is to be deposited into the circuit clerk’s record preservation fund, which is created in the legislation. While there are still problems interpreting the intent of these provisions, CTS is providing a response based on what they think the intent is.

CTS calculation takes into account the fact that felony collection rates are only between 50% and 60%, and misdemeanor collection rates average 80%. This court cost is assessed on misdemeanor and felony cases. Since these defendants often do not have steady employment or cash reserves, the court often gives the defendants the period of probation to pay the costs and fines. Therefore, the revenue generated the first year is less than that generated in subsequent years. CTS assumes the felony collection rate increases over a period of four years, which CTS believes to be the average probation served for felonies. The collection rate for misdemeanors increases over two years, the average probation time for misdemeanants.

Exclude Fine Collection Center:

Based on a 50% felony collection rate, CTS calculations indicate that the legislation will produce $1,898,794 in the 1^st 12 months, $2,070,755 in the 2^nd 12 months, $2,087,176 in the 3^rd 12 months, and $2,103,598 annually thereafter. Based on a 60% felony collection rate, CTS calculations indicate that the legislation will produce $1,902,078 in the 1^st 12 months, $2,077,323 in the 2^nd 12 months, $2,097,029 in the 3^rd 12 months, and $2,116,735 annually thereafter.

Include Fine Collection Center:

Based on a 50% felony collection rate, CTS calculations indicate that the legislation will produce $2,368,558 in the 1^st 12 months, $2,540,519 in the 2^nd 12 months, $2,556,940 in the 3^rd 12 months, and $2,573,362 annually thereafter. Based on a 60% felony collection rate, CTS calculations indicate that the legislation will produce $2,371,842 in the 1^st 12 months, $2,547,087 in the 2^nd 12 months, $2,566,793 in the 3^rd 12 months, and $2,586,499 annually thereafter.

ASSUMPTION (continued)

For fiscal note purposes, Oversight assumes the revenues generated would range from a low using CTS estimates of a 50% felony collection rate and excluding collections made by the fine collection center to a high using CTS estimates of a 60% felony collection rate and including collections made by the fine collection center. The FY 09 estimates reflect 10 months of collections due to the August 28, 2008 effective date.

Oversight assumes the circuit clerks will utilize any revenues generated by the provisions in the proposed legislation for the costs of record storage, microfilming, preservation, public access of circuit court records, and any other allowable costs.

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 authorizes circuit courts to collect a $4 fee on all cases filed on or after September 1, 2008, for deposit into the circuit clerk’s record preservation fund to be used for record storage, microfilming, preservation, and public access of circuit court records. The proposal also specifies that no fee authorized by Sections 488.010 - 488.020, RSMo, can be collected in any proceeding involving a violation of an ordinance or state law when a criminal case has been dismissed by the court or when the costs are waived or paid by the state, county, or municipality.

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

                                                                                                Mickey Wilson, CPA

                                                                                                Director

                                                                                                March 7, 2008