COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.: 1639-02
Bill No.: HCS for SB 470
Subject: Circuit Clerk; Courts; Judges; Liens; Real and Personal Property
Type: Original
Date: April 17, 2003
FISCAL SUMMARY
| FUND AFFECTED | FY 2004 | FY 2005 | FY 2006 |
| None | |||
| Total Estimated
Net Effect on General Revenue Fund |
$0 | $0 | $0 |
| 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 4 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 Administration - Administrative Hearing Commission, Department of Economic Development, Department of Labor and Industrial Relations, Department of Insurance, and the Office of Secretary of State assume the proposed legislation would have no fiscal impact on their agency.
Officials from the Office of State Courts Administrator assume the proposed legislation would have no fiscal impact on the courts.
| 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
The proposed legislation would allow a judgement in associate circuit court to be a lien on real estate if the judgment is final and not appealed. Judgments or decrees entered by a court could not be amended or modified by any administrative agency. (Section 511.350)
The proposal would also require the clerk of each division of circuit court to enter an abstract of judgement within five days of rendition. (Section 511.510)
The proposal would exempt the homestead, not exceeding $15,000 (current law is $8,000) from attachment and execution. (Section 513.475)
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
- Administrative Hearing Commission
Office of State Courts Administrator
Department of Economic Development
Department of Labor and Industrial Relations
Department of Insurance
Office of Secretary of State
Mickey Wilson, CPA
Director
April 17, 2003