SB 0594 - Fiscal Note

Fiscal Note - SB 0594 - Removes substantial harm requirement for animal neglect and creates felony offenses of animal neglect and abuse

COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. NO. 2497-01

BILL NO. SB 594

SUBJECT: Animal Neglect

TYPE: Original

DATE: January 20, 1998

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FISCAL SUMMARY

ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED	FY 1999	FY 2000	FY 2001
None
Total Estimated Net Effect on All State Funds	$0	$0	$0

ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED	FY 1999	FY 2000	FY 2001
None
Total Estimated Net Effect on All Federal Funds	$0	$0	$0

ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED	FY 1999	FY 2000	FY 2001
Local Government	$0	$0	$0

Numbers within parentheses: ( ) indicate costs or losses

This fiscal note contains 4 pages.

FISCAL ANALYSIS

ASSUMPTION

Officials from the Office of State Courts Administrator assume the proposal could result in a slight increase in the number of cases filed; however, they would not expect a fiscal impact on the budget of the judiciary.

Officials from the Office of Prosecution Services (OPS) assume the proposed legislation could increase the workload of some county prosecutors; however, OPS assumes that any impact would be minimal and could be absorbed with existing resources.

Officials from the Office of the State Public Defender (SPD) assume that existing staff could represent the 15 to 20 additional cases that might arise as a result of this proposal. However, passage of more than one similar proposal could require the SPD to request increased appropriations to cover the cumulative cost of representing the indigent accused.

Officials from the Department of Corrections (DOC) assume the proposal would have an unknown fiscal impact on their agency, as they are unable to predict the number of new commitments which could result from the creation of the offenses outlined. DOC assumes an increase in commitments would depend on the utilization by prosecutors and the actual sentences imposed by the courts. If additional persons are sentenced to the custody of the DOC, they would incur a corresponding increase in operational costs either through incarceration (average of $30.37 per inmate, per day) or through supervision provided by the Board of Probation and Parole (average of $2.47 per offender, per day). Overall, DOC assumes that supervision by their agency through probation or incarceration could result in some additional costs but assumes that the impact would be minimal and could be absorbed with existing resources.

Officials from the Office of the Attorney General and the Department of Economic Development -- Division of Professional Registration assume the proposal would have no fiscal impact on their agencies.

FISCAL IMPACT - State Government	FY 1999	FY 2000	FY 2001
	(10 Mo.)
	$0	$0	$0
FISCAL IMPACT - Local Government	FY 1999	FY 2000	FY 2001
	(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

The proposal would remove the requirement of a finding that substantial harm resulted to an animal before a person could be found guilty of animal neglect pursuant to Section 578.009. Additionally, the proposal would create two new felony offenses for abuse or neglect of more than ten animals. Felony animal neglect would arise when one with custody or ownership fails to provide adequate care or control of the animals. The offense would be a Class D felony for the first offense, and a Class C felony thereafter. Upon conviction, a court could also restrict the defendant's ability to retain custody or ownership of more than ten animals for five years, or ten years if the defendant has a prior conviction. Additionally, the court could require the defendant to pay reasonable expenses for the care of the neglected animals, disposal of any dead or diseased animals, environmental clean-up, and minimization of other public health risks.

Felony animal abuse would arise when a person intentionally kills more than ten mammals in a manner not authorized by law, intentionally causes injury or suffering to more than ten mammals, or knowingly fails to provide adequate care or control of at least eleven mammals. The offense would be a Class D felony for the first offense, and a Class C felony thereafter. However, if

the intentional infliction of suffering was precipitated by torture or mutilation, the offense would be a Class C felony even upon the first offense. Upon conviction, a court could also restrict the defendant's ability to retain custody or ownership of more than ten mammals for five years, or ten years if the defendant has a prior conviction. Additionally, the court could require the defendant to pay reasonable expenses for care of the neglected mammals, disposal of any dead or diseased mammals, environmental clean-up, and minimization of other public health risks.

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

Office of the State Public Defender

Office of Prosecution Services

Department of Corrections

Office of the Attorney General

Department of Economic Development -- Division of Professional Registration

Jeanne Jarrett, CPA

Director

January 20, 1998