Fiscal Note - SB 0396 - Licenses for Special Process Servers
L.R. NO. 1503-01
BILL NO. SB 396
SUBJECT: Process Servers
TYPE: Original
DATE: March 18, 1997
FISCAL SUMMARY
ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
General Revenue ($2,336) $0 $0
Total Estimated
Net Effect on All
State Funds ($2,336) $0 $0
ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
None
Total Estimated
Net Effect on All
Federal Funds $0 $0 $0
ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
Local Government $0 $0 $0
FISCAL ANALYSIS
ASSUMPTION
Officials from the Department of Public Safety -- Division of Peace Officer
Standards and Training (POST) assume the proposed legislation would result in
minimal costs associated with the development of a firearms training course
and the design and distribution of licenses and identification cards. POST
assumes that most sheriffs would not have their own approved course and,
therefore, POST would be required to develop such a course. POST assumes
they would request assistance from ten experienced DPS employees for a period
of three days. POST would reimburse these employees for mileage, as they
would be required to travel 200 miles per day to and from the developmental
site location. The total mileage cost would be $1,620 (27 cents per mile x
200 miles x 10 employees x 3 days). Additionally, POST would be responsible
for $225 in meals during the development of the training course ($7.50 per
meal x 10 employees x 3 days). POST would also incur the following one-time
costs to develop the licenses and identification cards: $240 in personal
services ($10 per hour x 24 hours); $228 in postage and mailing costs ($2 per
county x 114 counties); and $22.80 to print the camera ready copies of the
license and identification card (20-cents per county x 114 counties).
Overall, POST assumes the proposal would result in a one-time cost of $2,336
during FY 1998.
Officials from the Department of Public Safety -- Missouri State Highway
Patrol (MHP) assume the Division of Peace Officer Standards and Training
would be responsible for the development of the firearms course and
affiliated licenses and identification cards. MHP therefore assumes this
proposal would have no fiscal impact on their agency.
Officials from the Office of State Courts Administrator (CTS) assume the
proposal would require the licensing and regulation of process servers.
After a period of adjustment, CTS would not expect an appreciable impact on
the workload or cost of operating the judiciary. CTS further assumes that
any higher costs involved in securing service of process would be borne by
the individual litigants rather than CTS.
Officials from the Missouri Sheriffs' Association, the Missouri Police
Chiefs' Association, the Office of the Attorney General, the Office of the
State Public Defender, and the Office of Prosecution Services assume the
proposal would have no fiscal impact on their agencies.
Oversight assumes this proposal would require local sheriffs to administer a
training course approved by the Department of Public Safety to all process
servers. Additionally, local sheriffs would be required to license process
servers and to provide them with certificates and identification cards
designed by the Department of Public Safety. Process servers would pay an
annual license fee in the amount of $200 (Missouri residents) to $300
(nonresidents) to cover the costs of the licensure process. Oversight
assumes that the proceeds from the licensure fees would be retained by the
local sheriffs; however, the proposal is not explicit on this point. The
process servers would also be required to pay an additional cost for their
annual firearms qualification test. Additionally, the local sheriffs would
be required to file with the circuit clerk in their county a current list of
all persons licensed in their county to serve process. Assuming that the
local sheriffs retain the proceeds generated by the licensure fees, Oversight
assumes that this income would approximate the cost of the licensure and
notification costs and therefore has shown a net local impact of zero.
FISCAL IMPACT - State Government FY 1998 FY 1999 FY 2000
(6 Mo.)
GENERAL REVENUE FUND
Costs - Department of Public Safety - POST
Develop Firearms Course, Design
License and Identification Card ($2,336) $0 $0
ESTIMATED NET EFFECT ON
GENERAL REVENUE FUND ($2,336) $0 $0
FISCAL IMPACT - Local Government FY 1998 FY 1999 FY 2000
(6 Mo.)
LOCAL GOVERNMENTAL ENTITIES
Costs - Local Sheriffs
License Process Servers, Prepare List (Unknown) (Unknown) (Unknown)
Income - Local Sheriffs
Licensure Fees ($200-$300 each) Unknown Unknown Unknown
ESTIMATED NET EFFECT ON
LOCAL GOVERNMENTAL ENTITIES $0 $0 $0
FISCAL IMPACT - Small Business
Certain small businesses could be impacted by this proposal, as it would
require process servers to pay licensure fees. This proposal could also
result in higher costs for securing service of process, as these individuals
would likely pass the costs along to the litigants.
DESCRIPTION
The proposal would impose certain requirements on special process servers. A
person would be required to have a valid license to serve process and a card
that identifies such person as a special process server. The county sheriff
would issue a license to a person who: 1) is a resident of such county or
nonresident of the state; 2) has a high school diploma or G.E.D.; 3) has not
been convicted of a felony; 4) has passed a training course approved by the
Department of Public Safety; and 5) pays an annual license fee of $200, or
$300 if a nonresident of the state. The sheriff would be required to file a
list of all special process servers with the circuit court.
The proposal would allow the sheriff to revoke a license if the special
process server: 1) misrepresents his authority; 2) has been convicted of a
felony; or 3) has improperly used his license. Service of process, issued by
a person with a void or revoked license, would be effective if the court did
not know that such license was void or revoked.
The Department of Public Safety would establish the requirements for the
training course. The department would also design the licenses to be issued
to successful applicants. A special process server could carry a concealed
firearm while serving process if such person has passed an annual firearms
test. The proposal would become effective on January 1, 1998.
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 -- Division of Peace Officer Standards and
Training
Department of Public Safety -- Missouri State Highway Patrol
Office of State Courts Administrator
Missouri Sheriffs' Association
Missouri Police Chiefs' Association
Office of the Attorney General
Office of the State Public Defender
Office of Prosecution Services
This Fiscal Note is not an official copy and should not be quoted or cited.