COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. No.:         3977-04

Bill No.:          SB 1159

Subject:           Crime Victims; Department of Public Safety; Department of Health and Senior Services

Type:              Original

Date:               March 3, 2008

Bill Summary:            The proposal modifies provisions relating to forensic examinations of sexual offense victims.

FISCAL SUMMARY

Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 8 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 Labor and Industrial Relations, Department of Revenue, Department of Public Safety – Missouri State Highway Patrol, and the State Treasurer’s Office assume the proposal would have no fiscal impact on their agencies.

Officials from the Office of State Courts Administrator assume the proposed legislation would have no fiscal impact on the courts.

Officials from the Department of Health and Senior Services (DHSS) assume they currently pay medical providers to cover the forensic exam charges for people who may be victims of sexual offenses. This legislation would transfer that responsibility to the Department of Public Safety (DPS). DHSS would transfer the core funding for this program to DPS.

Executive Order 08-04 signed by Governor Matt Blunt on February 6th, 2008, transferred the Sexual Assault Evidentiary Kit and Exam Payment Program from the DHSS to the DPS. This legislation would also transfer the statutory responsibility to the DPS, corresponding to Executive Order 08-04.

DHSS would transfer the core funding of $322,675 General Revenue and $50,000 federal funds to DPS. In addition, DHSS requested a new decision item for $2,337,338 in the FY 2009 budget to pay for the expected increased costs of the forensic exam charges. This decision item would no longer be needed by DHSS.

Oversight assumes annual costs for forensic examinations in the amount of $372,675 which are currently paid from the General Revenue and Federal Funds would be made from the newly created Sexual Offense Forensic Examination Compensation Fund. Oversight assumes the General Revenue Funds ($322,675) and the Federal Funds ($50,000) currently appropriated for forensic examinations of sexual offense victims would be transferred to the Sexual Offense Forensic Examination Compensation Fund. In addition, Oversight assumes funds from the Crime Victims’ Compensation Fund of an unknown amount would be transferred to the Sexual Offense Forensic Examination Compensation Fund.

ASSUMPTION (continued)

Officials from the Department of Public Safety – Director’s Office assume Executive Order 08-04 transfers payment of sexual forensic examinations provided to victims of sexual assault from the Department of Health and Senior Services to the Department of Public Safety. This bill makes the statute changes required due to this Executive Order, and establishes the Sexual Offense Forensic Examination Compensation Fund.

Pursuant to Executive Order 08-04, the Sexual Assault Evidentiary Kit and Exam Payment Program is being transferred from the Department of Health and Senior Services to the Department of Public Safety. The transfer includes one staff and $50,000 from federal funds along with $322,675 general revenue core program funding. In addition, $1,337,338 of the $2,337,338 new decision item requested to fund additional forensic examination previously recommended for the Department of Health and Senior Services will now be recommended in the Department of Public Safety. The remaining $1,000,000 of the new decision item requested will be recommended in the Department of Social Services for a program to assist victims of sexual assault.

Officials from the Office of the 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 for this proposal for Administrative Rules 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 Office of the Attorney General and the Office of Prosecution Services did not respond to Oversight’s request for fiscal impact.

FISCAL IMPACT - Small Business

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

FISCAL DESCRIPTION

Currently, the Department of Health and Senior Services pays medical providers to cover the forensic exam charges for people who may be victims of sexual offenses. Under the proposal, the Department of Public Safety shall pay the medical providers.

The proposal creates the Sexual Offense Forensic Examination Compensation Fund, which will be funded by transfers from the Crime Victims’ Compensation Fund, General Revenue Fund, and Federal Funds. The Sexual Offense Forensic Examination Compensation Fund will be used to make payments to appropriate medical providers to cover the charges of the forensic examination of person who may be a victim of a sexual offense.

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 Health and Senior Services

Department of Labor and Industrial Relations

Department of Revenue

Department of Public Safety

            – Director’s Office

            – Missouri State Highway Patrol

Office of the Secretary of State

State Treasurer’s Office

NOT RESPONDING

Office of the Attorney General

Office of Prosecution Services

                                                                                                Mickey Wilson, CPA

                                                                                                Director

                                                                                                March 3, 2008