COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



LR No.: 0302-01

Bill No.: SB 170

Subject: Circuit Clerks: Deputies, Salaries

Type: Original

Date: January 21, 2003




FISCAL SUMMARY



ESTIMATED NET EFFECT ON GENERAL REVENUE FUND
FUND AFFECTED FY 2004 FY 2005 FY 2006
Total Estimated

Net Effect on

General Revenue

Fund

$0 $0 $0



ESTIMATED NET EFFECT ON OTHER STATE FUNDS
FUND AFFECTED FY 2004 FY 2005 FY 2006
Total Estimated

Net Effect on Other

State Funds

$0 $0 $0



Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 4 pages.











ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 2004 FY 2005 FY 2006
Total Estimated

Net Effect on All

Federal Funds

$0 $0 $0



ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 2004 FY 2005 FY 2006
Local Government $0 $0 $0




FISCAL ANALYSIS



ASSUMPTION



Officials of the Office of Administration assume no fiscal impact.



Officials of the Office of State Courts Administrator assume this proposal would codify current practice, and would have no fiscal impact on the state's judiciary.



Officials of the Missouri State Employees' Retirement System issued a statement of current law as a result of litigation.



MOSERS officials stated that in 2000, the Missouri Court of Appeals held in the case of Boone County v. County Employees' Retirement Fund, 26 S.W. 3d 257 (Mo. App, WD) that certain Boone County circuit court employees were not "state employees" and could not participate in MOSERS because they were paid entirely by the county. Based on the Boone County decision, if a county pays for the entire salary of those clerks as described in Section 483.245.7 of this proposal, then those clerks would not be eligible to particpate in MOSERS.











FISCAL IMPACT - State Government FY 2004

(10 Mo.)

FY 2005 FY 2006
$0 $0 $0











FISCAL IMPACT - Local Government
FY 2004

(10 Mo.)

FY 2005 FY 2006
$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 act would allow the Clay County Commission to vote to pay the salaries of deputy circuit clerks and division clerks with county funds. Currently, the salaries of deputy circuit clerks and division clerks must be paid by the state.



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 Administration

Office of State Courts Administrator

Missouri State Employees' Retirement System

















NOT RESPONDING



Clay County Commission













































Mickey Wilson, CPA

Director

January 21, 2003