COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. No.: 2027-01

Bill No.: SB 679

Subject: Civil Procedure; Courts; Judges

Type: Original

Date: April 2, 2003




FISCAL SUMMARY



ESTIMATED NET EFFECT ON GENERAL REVENUE FUND
FUND AFFECTED FY 2004 FY 2005 FY 2006
None
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
None
Total Estimated

Net Effect on Other

State Funds

$0 $0 $0



Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 3 pages.











ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 2004 FY 2005 FY 2006
None
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 Office of State Courts Administrator (CTS) assume the proposed legislation would modify the allowable interest on certain judgments by tying it to the price of U.S. Treasury Bills. CTS is to distribute notice of such rates and any changes in such rates to the circuit clerks of all circuit courts in Missouri. Since the rate of interest on U.S. Treasury bills changes weekly, even daily, there would be an amount of clerical time spent each day to research and "publish" the rate. The variable rate would also have the potential effect of creating more litigation, but CTS has no way of calculating what that increase might be.



Interest rates would be based on the auction price for the last auction of fifty-two week United States Treasury bills. These bills are auctioned every four weeks, or thirteen times per year. Therefore, Oversight assumes the Office of State Courts Administrator (CTS) could absorb the cost of distributing the interest rate on certain judgments to circuit court clerks and the cost of any litigation created by the proposed legislation. If CTS experiences an increase that would justify additional FTE, funding could be requested through the appropriation process.





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 provide that the interest rate on moneys due from a judgment or court order would be equal to the coupon issue yield equivalent, as determined by the Federal Reserve Board, of the average accepted auction price for the last auction of 52 week U.S. Treasury bills settled immediately prior to the date of judgment.



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











Mickey Wilson, CPA

Director

April 2, 2003