Fiscal Note & Local Impact Statement

125 th General Assembly of Ohio

Ohio Legislative Service Commission

77 South High Street, 9th Floor, Columbus, OH 43215-6136 Phone: (614) 466-3615

Internet Web Site: http://www.lsc.state.oh.us/

BILL:

H.B. 11

DATE:

March 19, 2003

STATUS:

As Introduced

SPONSOR:

Rep. Jerse

LOCAL IMPACT STATEMENT REQUIRED:

No ó

Minimal cost

 


CONTENTS:

Creates the offenses of misrepresentation by a child day-care provider and failure to disclose the death or serious injury of a child

 

State Fiscal Highlights

 

STATE FUND

FY 2003*

FY 2004

FUTURE YEARS

General Revenue Fund

†††† Revenues

- 0 -

Potential negligible gain

Potential negligible gain

†††† Expenditures

- 0 -

- 0 -

- 0 -

Victims of Crime/Reparations Fund (Fund 402)

†††† Revenues

- 0 -

Potential negligible gain

Potential negligible gain

†††† Expenditures

- 0 -

- 0 -

- 0 -

Note:The state fiscal year is July 1 through June 30.For example, FY 2003 is July 1, 2002 Ė June 30, 2003.

*This analysis assumes that the bill will go into effect no sooner than July 1, 2003.

 

        Court cost revenues.Given the potential number of additional child day-care providers that might be convicted as a result of the bill appears to be very small, any annual gain in court cost revenues deposited to the credit of the stateís General Revenue Fund (GRF) and the Victims of Crime/Reparations Fund (Fund 402) would be negligible.

Local Fiscal Highlights

 

LOCAL GOVERNMENT

FY 2003

FY 2004

FUTURE YEARS

Counties and Municipalities

†††† Revenues

Potential gain, at most minimal

Potential gain, at most minimal

Potential gain, at most minimal

†††† Expenditures

Potential increase, at most minimal

Potential increase, at most minimal

Potential increase, at most minimal

Note:For most local governments, the fiscal year is the calendar year.The school district fiscal year is July 1 through June 30.

 

        Local expenditures.Although annual county and municipal criminal justice expenditures related to investigating, prosecuting, adjudicating, defending (if indigent), and sanctioning certain child day-care providers may rise, such an increase, should it occur, would be minimal at most, as the number of affected cases appears to be very small.


        Representation, disclosure, and notification requirements.It would not appear that the billís misrepresentation, disclosure, and notification requirements will create a costly new burden for any child day-care facilities or programs that are operated by local governments.In most cases, a child day-care facility or program should find it fairly easy and inexpensive to assemble, update, and distribute certain information on its child day-care operation and services, including the provision of timely notices of the death or serious injury of a child to certain persons and entities.

        Local revenues.Counties and municipalities may collect additional court cost and fine revenues from child day-care providers who violate the billís prohibitions.Given, however, that the number of new convictions resulting from the bill will likely be very small, any gain in local court cost and fine revenues collected annually would be no more than minimal.

 


 

Detailed Fiscal Analysis

 

The bill most notably creates the following two new offenses:

(1)   Misrepresentation by a child day-care provider, a misdemeanor of the first degree.

(2)   Failure to report the death or serious injury of a child, a misdemeanor of the fourth degree.

 

Charging child day-care providers generally

 

Rather than creating new criminal cases, it would appear that the new offenses created by the bill relative to the actions of a child day-care provider will permit a prosecuting attorney to stack more charges against an individual and possibly secure a more serious punishment than might otherwise have occurred under current law.

 

Misrepresentation by a child day-care provider

 

††††††††††† Under the bill, a child day-care provider who knowingly misrepresents any factor or condition relating to the provision of child day-care and substantially affects the health or safety of any child or children is guilty of misrepresentation by a child day-care provider, a misdemeanor of the first degree.

 

While it is possible that a child day-care provider could be charged solely with the offense of misrepresentation by a child day-care provider, it appears more likely that the new misrepresentation offense would be used in combination with existing law intended to protect children, including prohibitions against child endangering.Thus, it seems unlikely that the new misrepresentation offense will create many, if any, new cases for local criminal justice systems to handle.


Failure to disclose the death or serious injury of a child

 

Under the bill, a child day-care provider who knowingly fails to disclose the death or serious injury of a child or to provide notice of the death or serious injury of a child to specified persons and entities is guilty of failure to disclose the death or serious injury of a child, a misdemeanor of the fourth degree.

 

It appears that, similar to the offense of misrepresentation, the new offense of failure to disclose or provide notice in relation to the death or serious injury of a child will not create many, if any, new criminal cases.It appears very likely that the new offense of failure to disclose would be used in conjunction with existing law, including prohibitions against child endangering.

 

Child day-care disclosure form

 

††††††††††† The bill also: (1) requires a facility or program that provides child day-care to not knowingly misrepresent or fail to disclose certain information about the facility or program to a person who is using, or considering using, the facility or program, and (2) specifies a facility or program that completely and accurately completes a child day-care disclosure form that is substantially similar to a statutorily prescribed form complies with the billís representation and disclosure requirements.

 

Local fiscal effects

 

††††††††††† Expenditures

 

The new offenses created by the bill appear unlikely to generate significant fiscal burdens for county and municipal criminal justice systems.A few new misdemeanor cases may be created, but most likely these new offenses would provide a prosecuting attorney with additional charges that could be filed against a child day-care provider whose actions already rise to the level of criminal conduct under current law.Thus, to the degree that the bill will affect annual county and municipal expenditures related to the adjudication, prosecution, defense (if indigent), and sanctioning of child day-care providers, it would be to cause, at most, a minimal increase.

 

It would not appear that the billís representation, disclosure, and notification requirements will create a costly new burden for any child day-care facilities or programs that are operated by local governments.One would think that, in most cases, a child day-care facility or program could fairly easily and inexpensively assemble, update, and distribute certain information on its child day-care operation and services, including the provision of timely notices of the death or serious injury of a child to certain persons and entities.

 

††††††††††† Revenues

 

If additional misdemeanor convictions are secured as a result of the bill, then counties and municipalities may gain court cost and fine revenues.As it appears that the number of additional convictions will be very small, any additional court cost and fine revenues that might be collected by counties and municipalities annually would be minimal at most.


State fiscal effects

 

Expenditures

 

The bill appears unlikely to create any discernible fiscal effect on state expenditures.

 

Revenues

 

In addition to any fines and local court costs charged, offenders must pay locally collected state court costs. State court costs for a misdemeanor conviction total $20, of which $9 is deposited to the credit of the Victims of Crime/Reparations Fund and $11 is deposited to the credit of the General Revenue Fund (GRF).Given that relatively few, if any, additional misdemeanor convictions appear likely to occur as a result of the bill, at most, a negligible amount of state court cost revenues may be collected annually and deposited to the credit of the GRF and the Victims of Crime/Reparations Fund.

 

 

LSC fiscal staff:Laura A. Potts, Budget Analyst

 

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