COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION


FISCAL NOTE

 

L.R. No.:         4974-01

Bill No.:          HB 2171

Subject:           Law Enforcement Officers and Agencies; Salaries

Type:              Original

Date:               March 4, 2008




 

Bill Summary:            This proposal creates the “Deputy Sheriff Salary Supplementation Fund” consisting of money generated by a $10 fee collected for serving civil summons and subpoena.


FISCAL SUMMARY


ESTIMATED NET EFFECT ON GENERAL REVENUE FUND

FUND AFFECTED

FY 2009

FY 2010

FY 2011

 

 

 

 

 

 

 

 

Total Estimated

Net Effect on

General Revenue

Fund

$0

$0

$0


ESTIMATED NET EFFECT ON OTHER STATE FUNDS

FUND AFFECTED

FY 2009

FY 2010

FY 2011

Deputy Sheriff Salary Supplementation Fund

$0

$0

$0

 

 

 

 

Total Estimated

Net Effect on Other

State Funds

$0

$0

$0


Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 6 pages.



ESTIMATED NET EFFECT ON FEDERAL FUNDS

FUND AFFECTED

FY 2009

FY 2010

FY 2011

 

 

 

 

 

 

 

 

Total Estimated

Net Effect on All

Federal Funds

$0

$0

$0



ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)

FUND AFFECTED

FY 2009

FY 2010

FY 2011

 

 

 

 

 

 

 

 

Total Estimated

Net Effect on

FTE

0

0

0


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).


ESTIMATED NET EFFECT ON LOCAL FUNDS

FUND AFFECTED

FY 2009

FY 2010

FY 2011

Local Government

$1,467,658

$1,761,190

$1,791,190








FISCAL ANALYSIS


ASSUMPTION


Officials from the Department of Public Safety - Director’s Office (DPS) assume that since MoSMART falls under DPS, and is responsible for oversight, there is the need for an additional accountant to provide this tracking/monitoring. DPS does not agree that there would be no administrative costs as there will be processing of payments to a possible 101 counties, on a specific monthly/quarterly basis, and there will be administrative costs related to this processing/tracking.


DPS assumes the need for an additional Accountant II (at $42,084 annually) to administer the new fund. DPS assumes a total cost of the FTE (salary, fringe benefits and expense and equipment) of roughly $70,000 per year.


Oversight assumes with the new language added to Subsection 650.350.4, DPS must administer the new fund with existing resources.


Officials from the Office of the State Courts Administrator (CTS) state the proposed legislation would create the "Deputy Sheriff Salary Supplementation Fund". The sheriff shall receive an additional $10 for service of any summons, writ, subpoena, or other order of the court. While there are still problems interpreting the intent of these provisions, we are providing a response based on what we think the intent is.


In 2007, approximately 135,476 summonses were served by a sheriff. This number does not include the 21st, 25th, or 31st circuits. These circuits were not on JIS, the court automation program, for the entire 2007 year. It is estimated these circuits would increase the total number an additional 30% to approximately 176,119 summonses. The sheriff fee will generate approximately $1,761,190 for sheriff departments. This estimate does not include possible revenues from service on a writ or order of the court.


Depending on how the legislation is implemented, there may be a cost, but there is no way to quantify the cost at this time. Any significant increase would be reflected in future budget requests.


Officials for the Office of the State Treasurer assume the proposal would not fiscally impact their agency.





ASSUMPTION (continued)


In response to a similar proposal from this year (SB 935), officials from the Boone County Sheriff’s Department (BCSD) stated using 2006 figures, 12,454 papers were served by the BCSD, so approximately $124,540.00 could go to the state treasury for this fund. However, no minimum salary is outlined by this bill to indicate when a deputy's salary qualifies to be supplemented by this fund. Boone County deputies receive more competitive pay than most Sheriff's Departments in this state and therefore would likely not qualify to receive supplemental income from this fund. Therefore, the BCSD estimates an income and outflow of $124,540 as a result of this proposal as this would be revenue generated by Boone County that would likely not come back to Boone County because our deputies likely won't qualify to receive supplemental income.


Oversight will utilize revenue estimates provided by CTS in the fiscal note. This amount could be understated, since CTS stated the estimate did not include possible revenues from service on a writ or order of the court. Oversight will show a gross amount of income collected by the county sheriff departments and then this revenue being transferred to the new state Deputy Sheriff Salary Supplementation Fund. These proceeds will then be transferred back to various county sheriff departments. Oversight assumes some counties will receive back more funds from the new state fund than what they collected, and conversely, Oversight assumes some counties will receive back zero or very little compared to the amount of revenue they collected and remitted to the new state fund.


FISCAL IMPACT - State Government

FY 2009

(10 Mo.)

FY 2010

FY 2011

 

 

 

 

DEPUTY SHERIFF SALARY SUPPLEMENTATION FUND

 

 

 

 

 

 

 

Income - from $10 per service of any summons, writ, subpoena, or other order of the court

$1,467,658

$1,761,190

$1,761,190

 

 

 

 

Transfer Out - disbursements to local political subdivisions to supplement the salaries of county deputy sheriffs


($1,467,658)


($1,761,190)


($1,791,190)

 

 

 

 

ESTIMATED NET EFFECT TO THE DEPUTY SHERIFF SALARY SUPPLEMENTATION FUND


$0


$0


$0

 

 

 

 



FISCAL IMPACT - Local Government

FY 2009

(10 Mo.)

FY 2010

FY 2011

COUNTY SHERIFF DEPARTMENTS

 

 

 

 

 

 

 

Income - $10 per summons, writ, subpoena or other order of court

$1,467,658

$1,761,190

$1,761,190

 

 

 

 

Expense - disbursement of new $10 per summons, writ or subpoena to the state’s Deputy Sheriff Salary Supplementation Fund


($1,467,658)


($1,761,190)


($1,761,190)

 

 

 

 

Transfer In - to various county sheriff departments from state’s Deputy Sheriff Salary Supplementation Fund


$1,467,658


$1,761,190


$1,761,190

 

 

 

 

ESTIMATED NET EFFECT TO THE COUNTY SHERIFF DEPARTMENTS


$1,467,658


$1,761,190


$1,761,190



FISCAL IMPACT - Small Business


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



FISCAL DESCRIPTION


This proposal creates the Deputy Sheriff Salary Supplementation Fund to be used only to supplement the salaries of county deputy sheriffs. The fund will consist of money collected from a $10 increase in the fee charged by sheriffs for the service of any summons, writ, subpoena, or other order of the court in civil cases and will be administered by the Missouri Sheriff Methamphetamine Relief Taskforce.


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 State Treasurer

Office of the State Courts Administrator

Boone County Sheriff




                                                                                                Mickey Wilson, CPA

                                                                                                Director

                                                                                                March 4, 2008