COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. No.: 1976-01

Bill No.: SB 638

Subject: Children and Minors; Family Services Division; Health Department; Social Services Department

Type: Original

Date: March 17, 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 from the Department of Social Services, the Office of Prosecution Services, the Attorney General's Office, the Office of State Courts Administrator, the State Public Defender, and the Department of Health and Senior Services assume this proposal would not fiscally impact their agencies.



The Department of Public Safety - Fire Marshall state they would be willing to assist with the approximately 250 facilities operating under license-exempt status and would absorb the cost of this service to assure these facilities meet applicable fire codes.







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



Small businesses which are license-exempt residential care facilities could be affected by this proposal.



DESCRIPTION



This proposal requires license-exempt residential care facilities to provide parents or guardians with two copies of a notice of parental responsibility. One copy will be kept in the files of the facility with the parent or guardian's signature.



The notice of parental responsibility will include:



- Notification that the facility is license-exempt and is not subject to inspections or supervision by the state;



- Notification that the facility is complying with applicable fire, health and sanitation requirements;



- The names, addresses, and telephone numbers of the inspectors; and



- Notification that background checks have been conducted on employees of the facility.



A copy of the notice of parental responsibility will be filed annually in the month of August with the Department of Health and Senior Services.



The Department must give facilities written notification within twenty days of any suspected noncompliance. If the facility does not comply within twenty days, the Department may notify the county's prosecuting attorney. The prosecuting attorney may seek injunctive relief against the facility.



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



Department of Social Services

Office of Prosecution Services

Attorney General's Office

Office of State Courts Administrator

State Public Defender

Department of Health and Senior Services

Department of Public Safety - Fire Marshall













Mickey Wilson, CPA

Director

March 17, 2003