SB 0704 - Fiscal Note

Fiscal Note - SB 0704 - Requires bounty hunters to be certified and regulated

COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. NO. 2963-01

BILL NO. SB 704

SUBJECT: Criminal Procedure; Insurance Department; Bonds - Surety; Bonds - Bail; Crimes and Punishment

TYPE: Original

DATE: January 23, 1998

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FISCAL SUMMARY

ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED	FY 1999	FY 2000	FY 2001
Insurance Dedicated	($20,625)	$4,375	$4,375
Total Estimated Net Effect on All State Funds	($20,625)	$4,375	$4,375

ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED	FY 1999	FY 2000	FY 2001
None
Total Estimated Net Effect on All Federal Funds	$0	$0	$0

ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED	FY 1999	FY 2000	FY 2001
Local Government	$0	$0	$0

Numbers within parentheses: ( ) indicate costs or losses

This fiscal note contains 3 pages.

FISCAL ANALYSIS

ASSUMPTION

Officials from the Office of Attorney General and the Department of Public Safety - Missouri State Highway Patrol assume this proposal would not fiscally impact their agencies.

Department of Insurance (INS) officials state that INS currently licenses approximately 700 bail bond agents. INS estimates that twenty-five percent (175) bail bond agents would complete the basic course of training and apply for certification as a bail fugitive recovery agent. INS states that bail bond agents pay an original license and renewal license fee of $25. INS assumes the same cost for certification and renewal for bail fugitive recovery agents. INS estimates an additional $4,375 would be generated annually credited to the Insurance Dedicated Fund. INS estimates one-time contract computer programming costs of approximately $25,000 to establish the bail fugitive recovery agent licensing program (250 programming hours at $100 per hour).

FISCAL IMPACT - State Government	FY 1999	FY 2000	FY 2001
	(10 Mo.)
INSURANCE DEDICATED FUND
Income - Department of Insurance
License fees	$4,375	$4,375	$4,375
Cost - Department of Insurance
Computer programming costs	($25,000)	$0	$0
ESTIMATED NET EFFECT ON
INSURANCE DEDICATED FUND	($20,625)	$4,375	$4,375
FISCAL IMPACT - Local Government	FY 1999	FY 2000	FY 2001
	(10 Mo.)
	$0	$0	$0
FISCAL IMPACT - Small Business

Small businesses would be expected to be fiscally impacted to the extent that they would incur additional training and licensing costs due to the requirements of this proposal.

DESCRIPTION

This proposal would regulate the actions of persons commonly referred to as "bounty hunters". It contains new definitions of "bail fugitive", "bail fugitive recovery agent" and "person". No person would apprehend and return to custody a bail fugitive unless that person is a law enforcement officer or a licensed private investigator. A bail bond agent would be certified as a bail fugitive recovery agent upon application to the Director of the Department of Insurance and completion of a training course. Requirements for the training course would be listed, and include courses in legal issues as well as use of firearms and first aid. A bail bond agent may contract as a bounty hunter ("bail fugitive recovery apprehension" in the proposal) only with a licensed private investigator or a licensed bail fugitive recovery agent. No person would become a bail bond agent as of the effective date of this proposal without first becoming certified as a bail fugitive recovery agent; however, existing bail bond agents would be exempted from this requirement. Operating as a bail fugitive recovery agent without proper certification would be a felony, punishable by a term of not less than two years or a fine of not less than ten thousand dollars, or any combination of the two.

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 Insurance

Office of Attorney General

Department of Public Safety

Missouri State Highway Patrol

Jeanne Jarrett, CPA

Director

January 23, 1998