COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. No.:         3140-02

Bill No.:          HCS for HB 1649

Subject:           Crimes and Punishment: Licenses - Driver's; Motor Vehicles

Type:              Original

Date:               February 15, 2008

Bill Summary:           Restricts the driver's license of a convicted sexual offender to no more than one year and revokes the license if the offender fails to register as required by law.

FISCAL SUMMARY

Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 6 pages.

☐ Estimated Total Net Effect on All funds expected to exceed $100,000 savings or (cost).

☐ Estimated Net Effect on General Revenue Fund expected to exceed $100,000 (cost).

FISCAL ANALYSIS

ASSUMPTION

Officials from the Department of Public Safety - Office of the Director and Missouri State Highway Patrol state this proposed legislation will have no fiscal impact on their respective agencies.

Officials from the Office of Secretary of State (SOS) assume many bills considered by the General Assembly include provisions allowing or requiring agencies to submit rules and regulations to implement the act. The SOS is provided with core funding to handle a certain amount of normal activity resulting from each year’s legislative session. The fiscal impact to the SOS office for Administrative Rules for this proposal is less than $2,500. The SOS recognizes this is a small amount and does not expect additional funding would be required to meet these costs. However, SOS also recognizes that many such bills may be passed in a given year and that collectively the costs may be in excess of what the SOS can sustain with their core budget. Any additional required funding would be handled through the budget process.

Officials from the Department of Revenue (DOR) state their agency will need to prepare policies and procedures for denying issuance of a license if the person does not comply. This will have a minimal impact to DOR and can implemented with existing resources.

An interface would be developed to maintain the registry or obtain regular updates through a batch file to determine an applicant should be denied driving privileges based on their non-compliance with the sexual offender registry requirements. The Driver's License Bureau anticipates testing of this new program to be minimal and can be accomplished by using existing resources.

The Office of Administration Information Technology (ITSD DOR) estimates that this legislation could be implemented utilizing 1existing CIT III for 2 months at a rate of $8,372. ITSD DOR estimates the IT portion of this request can be accomplished within existing resources; however; if priorities shift, additional FTE/overtime would be needed to implement. Funding would be requested through the budget process. This proposed legislation will also require programming changes to the Over The Counter software and supporting applications. These programming changes will need to be designed and tested. It is estimated that 60 hours will be needed for project completion at an hourly rate of $100 for a total of $6,000. Oversight assumes this cost can be absorbed within existing resources.

DOR officials state that, according to information obtained from the Missouri State Highway ASSUMPTION (continued)

Patrol, the current list of registered sex offenders contains approximately 11,000 persons. It is estimated approximately 144 persons would be added to the registry quarterly. It is unknown how many applicants are non-compliant at this time and would be denied driving privileges, as Highway Patrol is not able to provide this information at this time.

Oversight will assume, for fiscal note purposes, that even if all offenders were in compliance and renewed licenses annually, that revenue from fees would not exceed $100,000 in any given year covered in the scope of this fiscal note. Of this revenue, 75% is distributed to the Highway Fund and 25% is distributed to Cities and Counties.

In response to similar legislation from last year (HB 224 - FN 883-01N) officials from the Department of Corrections (DOC) stated that failure to comply with the stipulations outlined in the proposal may cause probation or parole to be revoked, which could have cost potential. DOC assumed these costs would be $0 or minimal that may be absorbed with existing resources.

Officials from the Boone County Sheriff's Department and the Springfield Police Department state this proposal will have no fiscal impact on their respective departments.

FISCAL IMPACT - Small Business

No direct fiscal impact to small businesses would be expected as a result of this proposal.

FISCAL DESCRIPTION

§ 302.177

This proposed legislation restricts the driver's license of a convicted sexual offender to one year unless the license is issued for a shorter period of time due to other requirements of law. The fee for the one-year license will be $7.50.

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 Public Safety

            Office of the Director

            Missouri State Highway Patrol

Department of Revenue

Office of Secretary of State

            Administrative Rules Division

Department of Corrections

Local Law Enforcement

            Springfield Police Department

            Boone County Sheriff's Department

                                                                                                Mickey Wilson, CPA

                                                                                                Director

                                                                                                February 15, 2008