SB 0049 - Fiscal Note

Fiscal Note - SB 0049 - Lowers maximum legal blood alcohol content for drivers to .08%

COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. NO. 0555-01

BILL NO. SB 49

SUBJECT: Motor Vehicles; Blood Alcohol Content

TYPE: Original

DATE: January 19, 1999

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FISCAL SUMMARY

ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED	FY 2000	FY 2001	FY 2002
Highway Fund	($19,613)	$32,871	$31,160
Total Estimated Net Effect on All State Funds	($19,613)	$32,871	$31,160

ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED	FY 2000	FY 2001	FY 2002
Total Estimated Net Effect on All Federal Funds	$0	$0	$0

ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED	FY 2000	FY 2001	FY 2002
Cities	$9,146	$20,635	$20,635
County Aid Road Trust Fund	$6,098	$13,757	$13,757
Total Estimated Net Effect on Local Funds	$15,244	$34,392	$34,392

Numbers within parentheses: ( ) indicate costs or losses

This fiscal note contains 4 pages.

FISCAL ANALYSIS

ASSUMPTION

Officials from the Department of Revenue (DOR) assume DOR would be fiscally impacted by this proposal. The reduction in the legal blood alcohol content would result in additional administrative hearings, trials-de-novo and Court of Appeals hearings, as the volume of suspensions and revocations would increase. As a result, the Office of the General Counsel would require two Assistant Counsel (2 FTE @ $35,148 each per year) to handle the DOR legal issues and challenges associated with this proposal. Additionally, these FTE would answer telephone inquiries and work directly with the Drivers License Bureau to implement this proposal. One Clerk Typist II (1 FTE @ $19,164 per year) would be needed to handle all secretarial responsibilities. However, based on a similar proposal from last session, Oversight has reduced the FTE request to one Assistant Counsel. It was assumed that the additional number of cases involving administrative hearings, trials-de-novo and court appeals would be minimal. If the workload should be greater than anticipated by Oversight, DOR could request additional resources through the budgetary process.

Since an increase in the number of administrative DWI arrest documentation and convictions would be anticipated, the DOR assumes that it would require four hours of overtime per day to handle the additional workload. The overtime rate for a Clerk Typist II would be $13.85, resulting in costs of $14,404 for an additional 1,040 hours. Additional postage of $1,600 in FY00 and $1,900 in FY01 and FY02 would be incurred as well.

Missouri law mandates a $45 reinstatement fee when driving privileges have been suspended or revoked for an alcohol related offense. It was assumed that the reinstatement fee would not be received until after the 90-day suspension and the one year revocation periods. The DOR estimates a total of 1,355 reinstatement fees being received in FY00 and 3,057 in FY01 and FY02.

Officials from the Office of State Public Defender (SPD) assume that existing staff could provide representation for those 15 -20 cases arising where indigent persons were accused of .08% of legal blood alcohol content. However, passage of more than one similar bill would require the State Public Defender System to request increased appropriations to cover the cumulative cost of representing the indigent accused.

The Office of State Courts Administrator (CTS) would expect some increase in the number of DWI and BAC cases filed, but the number would not be significant enough to impact the budget of the judiciary.

ASSUMPTION (continued)

Officials from the Department of Transportation (DHT), Department of Public Safety-Missouri State Water Patrol, Department of Public Safety-Missouri Highway Patrol (MHP) and the Office of Prosecution Services (OPS) expect the proposed legislation to have minimal or no fiscal impact on their agencies.

FISCAL IMPACT - State Government	FY 2000	FY 2001	FY 2002
	(10 Mo.)
HIGHWAY FUND
Income-Department of Revenue (DOR)
Reinstatement Fees	$45,731	$103,174	$103,174
Costs-DOR
Personal Service (1 FTE)	($42,308)	($52,060)	($53,361)
Fringe Benefits	($12,929)	($15,910)	($16,307)
Expense and Equipment	($10,107)	($2,333)	($2,346)
Total Costs-DOR	($65,344)	($70,303)	($72,014)
ESTIMATED NET EFFECT ON
HIGHWAY FUND	($19,613)	$32,871	$31,160
FISCAL IMPACT - Local Government	FY 2000	FY 2001	FY 2002
	(10 Mo.)
LOCAL
Income-Cities
Reinstatement Fees	$9,146	$20,635	$20,635
Income-County Aid Road Trust Fund
Reinstatement Fees	$6,098	$13,757	$13,757
ESTIMATED NET EFFECT ON
LOCAL FUNDS	$15,244	$34,392	$34,392
FISCAL IMPACT - Small Business
Small businesses would not be expected to incur a fiscal impact as a direct result of this proposal.

DESCRIPTION

The proposed legislation would lower the legal blood alcohol content limit to eight hundredths of one percent (.08) for administrative DWI and other alcohol related traffic offenses.

This legislation is not federally mandated, would not duplicate any other program, would not require additional capital improvements or rental space, but would impact total state revenue.

This proposal could affect Total State Revenues.

SOURCES OF INFORMATION

Department of Revenue

Office of State Public Defender

Office of State Courts Administrator

Department of Transportation

Department of Public Safety-Missouri State Water Patrol

Department of Public Safety-Missouri Highway Patrol

Office of Prosecution Services

Jeanne Jarrett, CPA

Director

January 19, 1999