Fiscal Note - SB 0376 - Increases Enforcement of Boating Laws on Lake of the Ozarks
L.R. NO. 1554-06
BILL NO. HCS for SCS for SB 376
SUBJECT: Boats and Watercraft; Crimes and Punishments
TYPE: Original
DATE: May 12, 1997
FISCAL SUMMARY
ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
None
Total Estimated
Net Effect on All
State Funds $0 $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 of the Department of Public Safety - Missouri State Water Patrol
and the Office of the Attorney General assume that there would be no impact
to their agencies.
Officials of the Office of Prosecution Services (OPS) assume that this
proposal includes the crime of exposing oneself. OPS officials noted that
this proposal appears to duplicate sexual abuse in the second degree although
it lowers the punishment. Thus there is an existing statute with higher
punishment. OPS officials assume that there would be no fiscal impact to
their agency as a result of this proposal.
Officials of the State Public Defender (SPD) assume that existing staff could
provide representation for those 15-20 cases arising where indigent persons
were accused of rafting more than twelve vessels together or lake exposure of
the genitals or lake sexual contact. However, passage of more than one
similar bill would require the SPD to request increased appropriations to
cover the cumulative cost of representing the indigent accused.
Officials of the State Courts Administrator (CTS) assume, depending on the
levels of enforcement, there could be some increase in criminal caseloads in
counties bordering the Lake. CTS officials would not expect the increased to
costs to approach $100,000.
After a period of adjustment, Oversight would expect substantial compliance
to portions of this proposal which would prohibit rafting together more than
twenty vessels on any lake in this state and would also prohibit rafting
together more than three vessels fully or partially on shore on any lake in a
cove in a state park area. This proposal would also prohibit certain acts of
exposure of genitals or sexual contact in the presence of others. A
violation of this section would not be a sexual offense. However, the
language in section 306.234.1 is very similar to language which defines
sexual misconduct in the second degree as a crime in Section 566.093, RSMo;
therefore, Oversight assumes there would be no fiscal impact as a result of
this portion of the proposal.
FISCAL IMPACT - State Government FY 1998 FY 1999 FY 2000
0 0 0
FISCAL IMPACT - Local Government FY 1998 FY 1999 FY 2000
0 0 0
FISCAL IMPACT - Small Business
No direct fiscal impact to small businesses would be expected as a result of
this proposal.
DESCRIPTION
This proposal would restrict the use of vessels on Missouri lakes. Motorized
watercraft would only be allowed to raft together in groups of twenty or
less, with a minimum distance of two hundred feet between each group. A
limit of three boats could be grouped together on the shore of a state park
cove, with a minimum separation between such groups of one hundred feet.
Violations of these restrictions subject the owner or operator to a class C
misdemeanor for the first offense, a class B misdemeanor for the second
offense and a class A misdemeanor for the third and subsequent offenses.
Nudity and sexual contact in public while on a lake would constitute a class
B misdemeanor. A person who violated these provisions and had been found to
have committed a previous violation would be guilty of a class A misdemeanor.
Boats could be dispersed by the State Water Patrol. This proposal would also
prohibit instances of sexual misconduct upon a lake.
A Missouri State Water Patrolman could order groups of vessels to disburse if
there existed a safety concern or if that patrolman had reasonable grounds to
believe any person in the group had violated any state law. Any person who
failed to disburse at the order of the Water Patrolman would be guilty of a
class C misdemeanor. The Missouri State Water Patrol would be allowed to
request assistance from other law enforcement agencies.
This proposal would prohibit the operation of a motorboat, vessel or
watercraft from a half-hour after sunset until one hour before sunrise of the
following day at a speed in excess of thirty miles per hour. Current law
states that the thirty miles per hour speed limit is in effect from one-half
hour after sunset until one-half hour before sunrise.
This proposal would require the use of a twelve inch square red/orange flag
anytime a person leaves a watercraft and goes into the water. Currently, the
flag provision only applies when a person leaves a boat and goes into water
while the boat is running.
Current law prohibits a person from operating or otherwise positioning a
vessel or other object or any person to obstruct or impede the normal flow of
traffic on the lakes of the State of Missouri. This proposal would make
violations of these subsections upon the first conviction a class C
misdemeanor and upon the second and any subsequent conviction a class B
misdemeanor.
This proposal contains an emergency clause.
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 - Missouri State Water Patrol
Office of the Attorney General
State Public Defender
Office of Prosecution Services
State Courts Administrator
This Fiscal Note is not an official copy and should not be quoted or cited.