COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.: 0804-01
Bill No.: SB 214 with HCA 1
Subject: Civil Procedure; Courts; Fees; Judges
Type: Original
Date: April 21, 2003
FISCAL SUMMARY
| FUND AFFECTED | FY 2004 | FY 2005 | FY 2006 |
| General Revenue | ($78,898 to Unknown) | ($94,677 to Unknown) | ($94,677 to Unknown) |
| Total Estimated
Net Effect on General Revenue Fund |
($78,898 to Unknown) | ($94,677 to Unknown) | ($94,677 to Unknown) |
| FUND AFFECTED | FY 2004 | FY 2005 | FY 2006 |
| None | |||
| Total Estimated
Net Effect on Other State Funds |
$0 | $0 | $0 |
Numbers within parentheses: ( ) indicate costs or losses.
This fiscal note contains 5 pages.
| FUND AFFECTED | FY 2004 | FY 2005 | FY 2006 |
| None | |||
| Total Estimated
Net Effect on All Federal Funds |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2004 | FY 2005 | FY 2006 |
| Local Government | $0 | $0 | $0 |
ASSUMPTION
Officials from the Office of State Courts Administrator assume the proposed legislation would have no fiscal impact on the courts.
Officials from the Office of Administration - Commissioner's Office (COA) assume Section 491.280 of the proposal would have a fiscal impact. COA assumes there will be increased costs to the criminal costs appropriation which reimburses counties for costs of witnesses. COA estimates there will be roughly 2,508 witnesses whose costs are reimbursed by the state. If the costs are increased, costs for witnesses will increase by $52,668. (114 counties, 22 witnesses per county, increase from $3 or $4 per witness to $25 per witness.) Since mileage is also added, the increase in costs is estimated at 50 miles per witness, at $.335 per mile, an increase of $42,009. However, with the significant increase in the per diem, COA anticipates reimbursements to increase. Currently many counties do not request witness fees because the administrative costs for requesting such fees are greater than the return. Therefore, COA assumes the cost to be $94,677 to unknown in FY 04; $97,517 to Unknown in FY 05; and $100,443 to Unknown in
FY 06. These costs are in the form of Local Assistance, since reimbursement is made to the counties.
ASSUMPTION (continued)
Oversight assumes the amount of reimbursement will not have an annual cost of living adjustment and has adjusted the costs accordingly.
Oversight assumes, based on information received from Office of State Courts Administrator, that local governments could experience an unknown cost due to the increased fees prosecutors could pay to witnesses. Witnesses are currently paid $3.00 per day within their county, $4.00 per day out of their county, and $15.00 plus $.10 per mile if they are from out of state. Oversight assumes these increased fees will be offset by state reimbursements.
| FISCAL IMPACT - State Government | FY 2004
(10 Mo.) |
FY 2005 | FY 2006 |
| GENERAL REVENUE FUND | |||
| Costs - Office of Administration (§491.280) | |||
| Local Assistance - increased witness fees |
($78,898 to Unknown) |
($94,677 to Unknown) |
($94,677 to Unknown) |
| ESTIMATED NET EFFECT ON GENERAL REVENUE FUND |
($78,898 to Unknown) |
($94,677 to Unknown) |
($94,677 to Unknown) |
| FISCAL IMPACT - Local Government | FY 2004
(10 Mo.) |
FY 2005 | FY 2006 |
| POLITICAL SUBDIVISIONS | |||
| Revenues - Local Assistance | |||
| Witness fee reimbursement | $78,898 to Unknown | $94,677 to Unknown | $94,677 to Unknown |
| Costs - Prosecutors
Increased witness fees |
($78,898 to Unknown) |
($94,677 to Unknown) |
($94,677 to Unknown) |
| ESTIMATED NET EFFECT ON POLITICAL SUBDIVISIONS |
$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 proposed legislation would provide that witnesses subpoenaed to testify in depositions or court proceedings would be allowed a fee of $25 per day plus a mileage allowance. Currently, witness fees are determined by guidelines promulgated by the supreme court.
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 Administration
Mickey Wilson, CPA
Director
April 21, 2003