Fiscal Note - SB 0058 - Sheriff to Enforce Access to Family Cemeteries
L.R. NO. 0043-02
BILL NO. HCS for SB 58
SUBJECT: Cemeteries: Law Enforcement
TYPE: Original
DATE: April 17, 1997
FISCAL SUMMARY
ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
Total Estimated
Net Effect on All
State Funds $0 $0 $0
ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
Total Estimated
Net Effect on All
Federal Funds $0 $0 $0
ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
Local Government $0 $0 $0
FISCAL ANALYSIS
ASSUMPTION
Section 214.132
Officials from the Department of Economic Development (DED), Professional
Registration (DPR) assume no fiscal impact.
Atchison County Sheriff assumes no fiscal impact.
Officials from the Missouri Sheriffs Association stated that there would be
no fiscal impact to the state's sheriffs.
Section 1:
Officials from the Office of the Attorney General (AGO) and the Department of
Natural Resources (DNR) stated this proposal would have no state fiscal
impact.
Officials from the City of St. Louis stated that the city acquired ownership
of a cemetery for delinquent taxes. Officials assume this proposal is
permissive and provides an avenue by which the city could dispose of the
property and recover the cities' delinquent taxes. Officials assume no
fiscal impact.
Oversight assumes no state fiscal impact.
FISCAL IMPACT - State Government FY 1998 FY 1999 FY 2000
(10 Mo.)
$0 $0 $0
FISCAL IMPACT - Local Government FY 1998 FY 1999 FY 2000
(10 Mo.)
$0 $0 $0
FISCAL IMPACT - Small Business
No direct fiscal impact to small businesses would be expected as a result of
this proposal.
DESCRIPTION
This proposal would make the county sheriff responsible for enforcing an
individual's right of access to a family cemetery which is surrounded by
private property in the event that the property owner denies such access.
Section 1 would allow St. Louis city to sell cemeteries it owns to a cemetery
operator or a not-for-profit corporation. Cemetery operators who purchase a
cemetery from the city are not liable for wrongful interments or errors made
within the scope of business prior to the purchase of the cemetery. The
previous wrongdoer remains liable for actions related to the cemetery during
the time of ownership. Endowed care cemeteries must register and comply with
the endowed care regulations.
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 the Attorney General
Department of Natural Resources
Department of Economic Development, Professional registration
Atchison County Sheriff
Mo. Sheriffs Association
City of St. Louis