COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. No.:         4531-01

Bill No.:          Perfected SB 1002

Subject:           Planning and Zoning: Crimes and Punishment

Type:              Original 

Date:               February 28, 2008

Bill Summary:            Modifies the penalties for certain zoning violations.

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 of the Office of State Courts Administrator’s office assume no fiscal impact to the Courts.

Officials of the Department of Elementary and Secondary Education assume this proposal would have no fiscal impact to local schools districts.

Oversight will show a positive unknown increase in revenue to certain local governments from the increase in fines for zoning violations.

Oversight assumes no state fiscal impact.

FISCAL IMPACT - Small Business

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

FISCAL DESCRIPTION

Currently, property owners violating certain zoning regulations in municipalities located in Jackson County shall be fined at least $10 but not more $500, or imprisoned for ten days, for each day of such violation. For second or subsequent offenses involving the same violation at the same place, the punishment shall be a fine of not less than $250 but not more than $1,000, or imprisonment for ten days, for each day of the violation. In all other municipalities, property owners shall be fined at least $10 but not more than $100 for each day of the violation, unless the offense was committed wilfully, in which case, the penalty shall be a fine of not less than $100 but not more than $250, or imprisonment for ten days, for each day of such violation.

Under this act, a property owner in any city with more than 300,000 inhabitants may be fined at least $10 but not more $500, or imprisoned for ten days, for each day of such violation. For second or subsequent offenses involving the same violation at the same place, the punishment shall be a fine of not less than $250 but not more than $1,000, or imprisonment for ten days, for each day of the violation.

In all other municipalities, property owners shall be fined not less than $10 but not more than $250, or imprisoned for ten days, for each day of the violation. For second or subsequent offenses involving the same violation at the same place, the punishment shall be a fine of not less than $100 but not more than $500, or imprisonment for ten days, for each day of the violation.

This act repeals the other version of Section 89.120, RSMo, which was doubly-enacted.

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 Elementary and Secondary Education

NOT RESPONDING

City of Bridgeton

City of Cape Girardeau

City of Clayton

NOT RESPONDING (continued)

City of Columbia

City of Florissant

City of Gladstone

City of Independence

City of Jefferson City

City of Kansas City

City of Maryland Heights

City of Lees Summit

City of Raytown

City of Springfield

City of St. Charles

City of St. Louis

City of St. Joseph

                                                                                                Mickey Wilson, CPA

                                                                                                Director

                                                                                                February 28, 2008