Fiscal Note - SB 0431 - Circuit Clerks Shall be Appointed After December 31, 1998
L.R. NO. 1701-05
BILL NO. SCS for SB 431
SUBJECT: Circuit Clerks
TYPE: Original
DATE: April 21, 1997
FISCAL SUMMARY
ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
None
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
None
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 Unknown Unknown Unknown
FISCAL ANALYSIS
ASSUMPTION
Officials from the Office of State Courts Administrator (CTS) assume the
proposed legislation would not result in an appreciable cost or savings to
the state budget of the judiciary. CTS assumes this proposal would provide
for an increase in local recorder fees statewide; however, they lack data
upon which to estimate the county revenue to be gained from the increase in
recording fees.
Oversight assumes the increase in county revenue would be significant, as it
would cause an additional recording fee of $10 (per document) to be charged
by every recorder in the state. The county revenue would be allocated as
follows: 80% deposited in a special fund in the county treasury to be used
only to pay the costs associated with the operation of a separate recorder of
deeds office; remaining 20% retained by the recorder for certain general
expenses. The proposal does not appear to authorize a use for the special
fund revenues (80% of increase) when a county does not have a separate
recorder of deeds office.
Officials from the City of St. Louis Circuit Clerk's Office did not respond
to Oversight's request for fiscal information.
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.)
LOCAL GOVERNMENTAL ENTITIES
Income - County Recorder of Deeds
Recorder of Deeds Fund (20% of increase) Unknown Unknown Unknown
Special Fund (80% of increase to fund
separate recorder of deeds office) Unknown Unknown Unknown
ESTIMATED NET EFFECT ON
LOCAL GOVERNMENTAL ENTITIES Unknown Unknown Unknown
FISCAL IMPACT - Small Business
No direct fiscal impact to small businesses would be expected as a result of
this proposal.
DESCRIPTION
The proposal would cause an additional recording fee of $10 (per document) to
be charged by every recorder in this state. With respect to the increase in
revenue, 80% would be deposited in a special fund in the county treasury to
be used only to pay the costs associated with the operation of a separate
recorder of deeds office and the remaining 20% would be retained by the
recorder for certain general expenses. All counties with appointed circuit
clerks would have a separate recorder of deeds, to be elected at the primary
and general election at which the circuit clerk would have next been elected.
The proposal would require circuit clerks in first, second and fourth class
counties to be appointed rather than elected as of January 1, 1999. The
circuit clerks initially appointed would be the ones holding office on
December 31, 1998. The appointments would be made by the judges of each
circuit, en banc.
This proposal would allow the county commission in any third class county to
submit to the voters the decision of whether their circuit clerk should be
appointed. If the voters elect to appoint the circuit clerk, then a separate
office of recorder of deeds would be created and filled as provided by law.
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
NOT RESPONDING: CITY OF ST. LOUIS CIRCUIT CLERK.
This Fiscal Note is not an official copy and should not be quoted or cited.