SB 0834 - Fiscal Note

Fiscal Note - SB 0834 - Stealing Native American Remains

L.R. NO.  2771-01
BILL NO.  Truly Agreed To and Finally Passed SB 834
SUBJECT:  Human Burial Sites
TYPE:     Original
DATE:     May 7, 1996



                              FISCAL SUMMARY

                    ESTIMATED NET EFFECT ON STATE FUNDS

FUND AFFECTED               FY 1997         FY 1998         FY 1999

None

Total Estimated
Net Effect on All
State Funds                      $0              $0              $0


                   ESTIMATED NET EFFECT ON FEDERAL FUNDS

FUND AFFECTED               FY 1997         FY 1998         FY 1999

None

Total Estimated
Net Effect on All
Federal Funds                    $0              $0              $0


                    ESTIMATED NET EFFECT ON LOCAL FUNDS

FUND AFFECTED               FY 1997         FY 1998         FY 1999

Local Government                 $0              $0              $0


                              FISCAL ANALYSIS

ASSUMPTION

Officials from the Office of State Courts Administrator assume the proposed
legislation would not result in very many prosecutions and, therefore, would
not expect a significant workload impact on the trial courts.

Officials from the Department of Corrections (DOC) report that statistics for
predicting the impact of this proposal do not exist.  DOC officials assume
that a second or subsequent offense could result in a Class D felony;
however, due to the narrow scope of the crimes, the fiscal impact would be
minimal.

Officials from the Office of the Attorney General, the Department of Natural
Resources, the Department of Economic Development, the Department of Mental
Health, and the Department of Health assume that this proposal would have no
fiscal impact on their agencies.


FISCAL IMPACT - State Government     FY 1997   FY 1998   FY 1999
                                    (10 Mo.)

                                          $0        $0        $0


FISCAL IMPACT - Local Government     FY 1997   FY 1998   FY 1999
                                    (10 Mo.)

                                          $0        $0        $0


DESCRIPTION

The proposed legislation would make it a Class A misdemeanor to use for
profit, purchase, or to sell human remains or cultural items from burial
sites without the statutory right of possession.  A second or subsequent
violation would be a Class D felony.

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 Corrections
Department of Natural Resources
Office of the Attorney General
Department of Health
Department of Mental Health
Department of Economic Development