COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.: 4708-08
Bill No.: SCS for HCS for HB 2034
Subject: Firearms and Fireworks; Agriculture and Animals
Type: Original
Date: May 5, 2008
Bill Summary: Creates immunity from criminal and civil liability for noise or sound emissions resulting from the normal use of hunting preserves. The proposal removes the six-month requirement to be eligible for a concealed carry endorsement. The proposal closes certain records of permits to obtain conceal able firearms. The proposal prohibits certain persons, including dangerous felons from possessing an explosive weapon.
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUND |
|||
FUND AFFECTED |
FY 2009 |
FY 2010 |
FY 2011 |
General Revenue |
(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) |
ESTIMATED NET EFFECT ON OTHER STATE FUNDS |
|||
FUND AFFECTED |
FY 2009 |
FY 2010 |
FY 2011 |
|
|
|
|
|
|
|
|
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 |
$0 |
$0 |
$0 |
FISCAL ANALYSIS
ASSUMPTION
Officials from the Department of Natural Resources, Department of Conservation and Office of State Courts Administrator assume no fiscal impact to their agencies.
Section 571.101
Officials from the Department of Revenue, Department of Public Safety – Missouri State Highway Patrol, – Director’s Office, Boone County Sheriff’s Department, and the Platte County Sheriff’s Department assume the proposal would have no fiscal impact on their agencies.
Section 571.093
Officials from the Department of Public Safety – Director’s Office, – Missouri State Highway Patrol, – Missouri State Water Patrol, – Division of Fire Safety, – Capitol Police, – Division of Alcohol and Tobacco Control, and the Boone County Sheriff’s Department 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.
Section 571.010, 571.020 & 571.070
Officials from the Department of Public Safety – Director’s Office, – Missouri State Highway Patrol, – Division of Fire Safety, and the – Missouri State Water Patrol 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 Corrections (DOC) assume they cannot currently predict the number of new commitments which may result from the creation of the offense(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
ASSUMPTION (continued)
legislation, the DOC will incur a corresponding increase in operational cost either through incarceration (FY07 average of $41.21 per inmate per day, or an annual cost of $15,040 per inmate) or through supervision provided by the Board of Probation and Parole (FY07 average of $2.43 per offender per day, or an annual cost of $887 per offender).
At this time, the DOC is unable to determine the number of people who would be convicted under the provisions of this bill and therefore the number of additional inmate beds that may be required as a consequence of passage of this proposal. Estimated construction cost for one new medium to maximum-security inmate bed is $55,000. Utilizing this per-bed cost provides for a conservative estimate by the DOC, as facility start-up costs are not included and entire facilities and/or housing units would have to be constructed to cover the cost of housing new commitments resulting from the cumulative effect of various new legislation, if adopted as statute.
In summary, supervision by the DOC through probation or incarceration would result in additional unknown costs to the department. Seven (7) persons would have to be incarcerated per fiscal year to exceed $100,000 annually. Due to the narrow scope of this new crime, it is assumed the impact would be less than $100,000 per year for the DOC.
Officials from the Office of Prosecution Services (OPS) assume the proposal could potentially increase the number of cases referred to prosecuting attorneys for criminal charges, but it is assumed that any increase could be handled without adding any personnel. OPS assumes the proposal would not have a significant direct fiscal impact on county prosecutors or the Office of Prosecution Services.
Officials from the Office of the State Public Defender (SPD) assume increasing penalties on existing crimes, or creating new crimes, will require more SPD resources. While the number of new cases (or cases with increased penalties) may be too few or uncertain to request additional appropriations for this specific bill, the SPD will continue to request sufficient appropriations to provide competent and effective representation in all its cases.
Oversight assumes the Office of the State Public Defender (SPD) could absorb the costs of the proposed legislation within existing resources. Oversight assumes any significant increase in the workload of the SPD would be reflected in future budget requests.
FISCAL IMPACT - State Government |
FY 2009 (10 Mo.) |
FY 2010 |
FY 2011 |
GENERAL REVENUE FUND |
|
|
|
|
|
|
|
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 FUND |
(Less than $100,000) |
(Less than $100,000) |
(Less than $100,000) |
|
|
|
|
FISCAL IMPACT - Local Government |
FY 2009 (10 Mo.) |
FY 2010 |
FY 2011 |
|
|
|
|
|
$0 |
$0 |
$0 |
FISCAL IMPACT - Small Business
No direct fiscal impact to small businesses would be expected as a result of this proposal.
FISCAL DESCRIPTION
The proposed legislation appears to have no fiscal impact.
Section 571.010, 571.020 & 571.070
Currently, it is a crime for certain persons, including dangerous felons, to possess a concealable firearm. The crime of unlawful possession of a concealable firearm is a class C felony. The proposal expands the crime to prohibit such persons from possessing an explosive weapon. The term “explosive weapon” is redefined.
The proposal allows licensed importers, manufacturers, dealers, or collectors to possess, manufacture, transport, repair, or sell a firearm silencer as a curio, ornament, or keepsake. Currently, it is not a crime for a person to possess, manufacture, transport, repair, or sell a firearm silencer if such action was incident to dealing with the silencer as a curio, ornament, or keepsake, or it is used in a lawful dramatic performance, but only if the silencer is in a nonfunctioning condition. Under this act, the silencer would not have to be in such nonfunctioning condition.
FISCAL DESCRIPTION (continued)
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 Natural Resources
Department of Conservation
Office of State Courts Administrator
Department of Revenue
Department of Public Safety
Director's Office
Missouri State Highway Patrol
Missouri State Water Patrol
Division of Fire Safety
Capitol Police
Division of Alcohol and Tobacco Control
Department of Corrections
Office of Prosecution Services
Office of the State Public Defender
Boone County Sheriff's Department
Platte County Sheriff's Department
Mickey Wilson, CPA
Director
May 5, 2008