COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.: 2720-01
Bill No.: SB 765
Subject: Crimes and Punishment; Health Care Professionals; Health, Public; Medical Procedures and Personnel; Science and Technology
Type: Original
Date: January 9, 2004
FISCAL SUMMARY
| FUND AFFECTED | FY 2005 | FY 2006 | FY 2007 |
| General | (Less than $100,000) | (Less than $100,000) | (Less than $100,000) |
| Total Estimated
Net Effect on General Revenue Fund |
(Less than $100,000) | (Less than $100,000) | (Less than $100,000) |
| FUND AFFECTED | FY 2005 | FY 2006 | FY 2007 |
| Total Estimated
Net Effect on All State Funds |
$0 | $0 | $0 |
Numbers within parentheses: ( ) indicate costs or losses.
This fiscal note contains 4 pages.
| FUND AFFECTED | FY 2005 | FY 2006 | FY 2007 |
| Total Estimated
Net Effect on All Federal Funds |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2005 | FY 2006 | FY 2007 |
| Local Government | $0 | $0 | $0 |
ASSUMPTION
Officials from the Office of State Courts Administrator, the Department of Social Services, the Department of Health and Senior Services, the State Public Defender, the Office of Prosecution Services and the Department of Economic Development - Division of Professional Registration assume this proposal would not fiscally impact their agencies.
Officials from the Department of Corrections (DOC) did not respond to our fiscal note request. However, in a similar proposal from last year, the DOC stated the following: the proposal prohibits individuals from engaging in or using public funds and facilities for human cloning. DOC stated penalty provisions are for a class B felony.
The DOC cannot predict the number of new commitments which may result from the creation of the offenses(s) outlined in this proposal. An increase in commitments depends on the utilization by prosecutors and the actual sentences imposed by the court.
If additional persons are sentenced to the custody of the DOC due to the provisions of this proposal, the DOC will incur a corresponding increase in operational cost either through incarceration (FY 02 average of $35.52 per inmate, per day or an annual cost of $12,965 per inmate) or through supervision provided by the Board of Probation and Parole (FY 02 average of $3.10 per offender, per day or an annual cost of $1,132 per offender).
ASSUMPTION (continued)
DOC states supervision by the DOC through probation or incarceration would result in additional unknown costs to the DOC. Eight persons would have to be incarcerated per fiscal year to exceed $100,000 annually. Due to the narrow scope of this new crime, DOC assumes the impact would be less than $100,000 per year.
| FISCAL IMPACT - State Government | FY 2005
(10 Mo.) |
FY 2006 | FY 2007 |
| GENERAL REVENUE | |||
| Costs - Department of Corrections | |||
| Incarceration/probation costs | (Less than $100,000) | (Less than $100,000) | (Less than $100,000) |
| ESTIMATED NET EFFECT ON GENERAL REVENUE | (Less than $100,000) | (Less than $100,000) | (Less than $100,000) |
| FISCAL IMPACT - Local Government | FY 2005
(10 Mo.) |
FY 2006 | FY 2007 |
| $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 proposal prohibits human cloning. "Cloning a human being" is defined as the creation of a human being by any means other than by the fertilization of a naturally intact oocyte of a human female by a naturally intact sperm of a human male.
Any individual knowingly engaging or participating in human cloning or using public funds and public facilities for purposes of human cloning will be guilty of a Class B felony.
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
Department of Social Services
Department of Economic Development -
Division of Professional Registration
Department of Health and Senior Services
Office of Prosecution Services
State Public Defender
Not responding: Department of Corrections
Mickey Wilson, CPA
Director
January 9, 2004