COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. No.:         4531-02

Bill No.:          Truly Agreed To and Finally Passed HCS for SB 1002

Subject:           Cities, Towns, and Villages: Codes, Zoning

Type:              Original

Date:               May 27, 2008

Bill Summary:            Modifies provisions governing zoning violation remedies.

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 City of St. Louis assume no fiscal impact.

Oversight assumes cities that have zoning codes, and enforcement of those codes, would be expected to have an increase in fine revenues from zoning code violations. The amount of increase in fine revenues would be determined by the courts. Income from fines on a statewide basis is indeterminable. Oversight will show the increase in fine revenues as a positive unknown to cities.

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.

DESCRIPTION (continued)

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

City of St. Louis

NOT RESPONDING

Kansas City Manager’s Office

Columbia

Maryland Heights

NOT RESPONDING (continued)

Florissant

Bridgeton

Raytown

Lees Summit

Belton

St. Charles

Springfield

St. Joseph

Cape Girardeau

Independence

Jackson County

St. Louis County

                                                                                                Mickey Wilson, CPA

                                                                                                Director

                                                                                                May 27, 2008