SB 0451 - Fiscal Note

Fiscal Note - SB 0451 - Revises training and certification of officers

COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. NO.: 1218-04

BILL NO.: HCS for SB 451

SUBJECT: Law Enforcement Officers; Licenses - Professional

TYPE: Original

DATE: May 3, 1999

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FISCAL SUMMARY

ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED	FY 2000	FY 2001	FY 2002
General Revenue*	($32,059 to $330,000)	($39,432 to $330,000)	($40,419 to $330,000)
Policemen and Sheriff's Deputies Trust Fund	$0	$0	$0
Partial Estimated Net Effect on All State Funds**	($32,059 to $330,000)	($39,432 to $330,000)	($40,419 to $330,000)

*-SUBJECT TO APPROPRIATION-

**Does not include unknown cost to General Revenue for appropriation to the Policemen and Sheriff's Deputies Trust Fund.

ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED	FY 2000	FY 2001	FY 2002
None
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
Local Government	(Unknown)	(Unknown)	(Unknown)

Numbers within parentheses: ( ) indicate costs or losses

This fiscal note contains 11 pages.

FISCAL ANALYSIS

ASSUMPTION

Training of Peace Officers

Officials of the Department of Conservation and the Department of Public Safety assume this proposal would have no fiscal impact to their agencies.

Officials of the State Courts Administrator assume this proposal would have no fiscal impact on courts.

Officials of the Department of Natural Resources (DNR) assume this proposal would raise the certification standards for certain peace officers from 450 training hours to 470 hours. DNR's state park rangers are currently responsible for meeting the 470 hour training requirement pursuant to section 590.105.1. RSMo. Therefore, this provision would not fiscally impact the department.

DNR officials stated the proposal would require the department to notify, within 30 days, the POST Commission when a certified peace officer or reserve officer was separated from employment, as defined by the bill, or appointed. The note, on a form provided by the POST Commission, must indicate in certain situations the reason for the separation or appointment. DNR would prepare this report when preparing the other paperwork related to these types of activities.

This proposal would also require any applicant to a certified law enforcement training center to submit fingerprints and an authorization for a criminal history background check, including FBI records. The cost of the criminal history check could be borne by the applicant. DNR currently incurs the cost of the criminal background checks when sending applicants to the peace officer certification program.

Officials of the Department of Public Safety - Missouri State Highway Patrol's (MHP) Criminal Records and Identification Division (CRID) stated that there were 2,905 graduates from certified law enforcement training academies during 1998. Assuming a 10% growth per year, there would be an estimated 3,515 applicants for FY00. Based on these assumptions, CRID could request .48 of an FTE (3,515 applicants x 12.49 minutes per check = 43,902.35 minutes divided by 400 minutes per working day = 109.76 working days divided by 232 working days per year = .48 FTE). If the number of applicants greatly increased, CRID officials assume they would request additional staff. However, for purposes of this fiscal note, MHP officials assume

ASSUMPTION (continued)

any impact from this proposal could be absorbed within existing resources and have therefore reflected a $0 fiscal impact.

Oversight assumes for purposes of this fiscal note that if local law enforcement offices elected to pay for additional training required under this proposal for certification, there would be unknown costs to local governments.

Death and Burial Benefits for Peace Officers

Officials of the Department of Public Safety - Missouri State Highway Patrol (MHP) stated that the Patrol has had 11 officers killed in the line of duty since 1969, an average of one officer every 2.72 years. The statewide average of officers killed in the line of duty is 3 officers per year. However, since the Patrol cannot estimate the number of officers killed in any given year, MHP officials cannot estimate fiscal impact for the $100,000 death benefit and $10,000 burial benefit.

Officials of the Department of Corrections (DOC) assume that DOC employees would meet the criteria of "public safety officer" pursuant to this proposal. There would be no fiscal impact to DOC due to enactment of this proposal. It is unclear whether any benefit would be paid for employees permanently and totally disabled.

DOC has had three employees killed in the line of duty over the past soon-to-be twenty-five years. A DOC officer was slain at Jefferson City Correctional Center (fka Missouri State Penitentiary or MSP) in 1975 and also in 1979. Another DOC officer died as a result of a stabbing at Moberly Correctional Center (fka Moberly Training Center for Men) in 1983.

Officials of the Department of Natural Resources (DNR) assume this proposal would provide burial benefits not to exceed $10,000 and death benefits of $100,000 subject to appropriation, for children and spouses of public safety officers who are killed or permanently and totally disabled in the line of duty.

The definition of a public safety officer would include DNR's state park rangers. DNR has 44 state park rangers and 21 commissioned state park superintendents that would be included in the definition of a public safety officer and there eligible for burial and death benefits.

ASSUMPTION (continued)

Officials of the Department of Public Safety (DPS) - Director's Office assume there could be unknown costs as a result of this proposal as it would pay a death benefit to the surviving spouse or child of a public safety officer and would pay burial benefits for a public safety officer killed in the line of duty. Currently, there are 17,000 police officers in the state of Missouri.

DPS's Capitol Police, Division of Fire Safety, and Missouri State Water Patrol assume there would be no fiscal impact to their divisions as a result of this proposal.

Officials of the Department of Conservation assume this proposal would have no fiscal impact on MDC funds.

This proposal defines a "public safety officer" as "any firefighter, police officer, capitol police officer, sheriff, deputy sheriff, parole officer, probation officer, state correctional employee, water safety officer, park ranger, conservation officer or highway patrolman employed by the state of Missouri or a political subdivision thereof who is killed or permanently and totally disabled in the line of duty." [emphasis added] This proposal also states that "within the limits of the amounts appropriated therefor, the department shall provide, as defined in this section, a burial and a death benefit to: (1) A spouse of a public safety officer killed in the line of duty; or (2) If there is no surviving spouse, an eligible child of a public safety officer or employee killed in the line of duty." The proposal provides for a $10,000 burial benefit and a $100,000 death benefit. Although the language of the proposal is unclear, if this proposal would pay a death and burial benefit only on those public safety officers killed in the line of duty, based on MHP information of an average of three public safety officers being killed per year, Oversight assumes there could be a fiscal impact to the State of up to $110,000 per officer killed in the line of duty, or $330,000, subject to appropriation. As no specific funding source is named in this proposal, Oversight assumes that death and burial benefits would come from General Revenue if appropriated. If this proposal was intended to pay a death and burial benefit to survivors of public safety officers who were killed or those permanently and totally disabled in the line of duty at the time of their death, Oversight assumes the fiscal impact could be significantly more.

Training for Sheriffs

Officials of the Department of Public Safety assumed these provisions would have no fiscal impact on their agency.

ASSUMPTION (continued)

Oversight assumes there would be no fiscal impact for this portion of the proposal as it requires elected sheriffs to have a certain amount of training prior to being elected.

Wages for Certain Peace Officers

Office of Administration (COA) officials stated that at this time there is not enough accurate information to determine state costs. Officials stated that one Deputies Association stated that "at least 356 employees are paid less than $18,000 per year."

Officials assume that state fiscal impact is indeterminable, but would be expected to exceed $100,000 annually.

Officials assume that 1 FTE, Compliance Auditor, would be needed to survey cities and counties, check payrolls to ensure accuracy and compliance. Officials estimate costs including fringe benefits for 10 months of FY2000 at $32,059, FY2001 at $39,432 and $40,419 in FY2002.

Oversight would note that this fiscal note does not go beyond fiscal year 2002, however, there would be costs to the State's General Revenue Fund for FY2003 of $41,430 plus an unknown amount to fund law enforcement officer's salaries.

Department of Public Safety (DPS) officials assume no fiscal impact to their department.

The Cities of Sedalia, West Plains, and Mexico assume no fiscal impact.

The Monroe County Clerk assumes no fiscal impact.

The Jackson County Executive stated that their law enforcement personnel currently make more than $18,000 annually, therefore, this proposal would have no fiscal impact.

Officials of the Newton County Sheriff's Department assume there would be no impact to their agency as a result of this proposal.

ASSUMPTION (continued)

St. Louis Board of Police Commissions

This portion of the proposal would allow the St. Louis Board of Police Commissioners to compensate the chief of police for vacation leave in lieu of providing days off if both parties were agreeable. Because the language is permissive, Oversight assumes there would be no direct fiscal impact as a result of this proposal.

FISCAL IMPACT - State Government	FY 2000	FY 2001	FY 2002
	(10 Mo.)
GENERAL REVENUE FUND
Death and Burial Benefits for Peace Officers
Cost - Department of Public Safety (DPS)
Death and Burial Benefits	($ 0 to	($ 0 to	($ 0 to
	$330,000)	$330,000)	$330,000)
			-SUBJECT TO APPROPRIATIONS-
Wages for Certain Peace Officers
Cost to Office of Administration (COA)
Personal services (1 FTE)	($24,682)	($30,358)	($31,118)
Fringe Benefits	($7,377)	($9,074)	($9,301)
Total Cost - COA	($32,059)	($39,432)	($40,419)
Cost to General Revenue Fund
From appropriation to Policemen
and Sheriff's Deputies Trust Fund	$0	(Unknown)	(Unknown)
PARTIAL ESTIMATED NET
EFFECT TO GENERAL
REVENUE FUND*	($32,059	($39,432	($40,419
	to	to	to
	$330,000)	$330,000)	$330,000)
*Does not include unknown cost to General Revenue for appropriation to Policemen and Sheriff's Deputies Trust Fund.
FISCAL IMPACT - State Government	FY 2000	FY 2001	FY 2002
(continued)	(10 Mo.)
POLICEMEN AND SHERIFF'S
DEPUTIES TRUST FUND
Income - Policemen & Sheriff's
Deputies Trust Fund
From State's General Revenue Fund	$0	Unknown	Unknown
Cost - Policemen & Sheriff's
Deputies Trust Fund
From funding of law enforcement
salaries in qualifying cities & counties	$0	(Unknown)	(Unknown)
TOTAL NET EFFECT TO
POLICEMEN AND SHERIFF'S
DEPUTIES TRUST FUND*	$0	$0	$0
*Oversight assumes income and costs to Policemen and Sheriff's Deputies Trust Fund would be the same, resulting in zero fiscal impact.
FISCAL IMPACT - Local Government	FY 2000	FY 2001	FY 2002
	(10 Mo.)
CITIES/COUNTIES
Wages for Certain Peace Officers
Income - Certain Local Governments
From Policemen and Sheriff's
Deputies Trust Fund	$0	Unknown	Unknown
Cost to Certain Local Governments
For supplementing certain
law enforcement salaries	$0	(Unknown)	(Unknown)
	$0*	$0*	$0*
FISCAL IMPACT - Local Government	FY 2000	FY 2001	FY 2002
(continued)	(10 Mo.)
*Oversight assumes cost and income would be the same resulting in zero fiscal impact to certain local governments.
Training of Peace Officers
Cost - Cities/Counties
Increased training costs	(Unknown)	(Unknown)	(Unknown)
ESTIMATED NET EFFECT
ON CITIES/COUNTIES	(Unknown)	(Unknown)	(Unknown)
FISCAL IMPACT - Small Business
No direct fiscal impact to small businesses would be expected as a result of this proposal.

DESCRIPTION

Training of Peace Officers

This proposal would revise the training and certification requirements for peace officers and reserve officers. It would require peace officers to have 470 hours of training. Currently, counties of the third classification are allowed to employ peace officers with 120 hours of training. This proposal would place a sunset provision on this exception for January 1, 2001. After that date, local law enforcement agencies must comply with the 470 hour requirement.

This proposal would clarify the authority of non-certified reserve officers. All academy applicants would be required to be fingerprinted, in order to conduct a criminal history check, both state and federal. Reciprocity for officers from other jurisdictions would be allowed.

DESCRIPTION (continued)

This proposal would require certification of employed county deputies, consistent with other peace officers. This proposal would require the reasons for any type of termination, resignation or retirement to be filed with POST, stating whether it was due to a violation of law or

written and distributed regulations, or whether the officer was the subject of a pending investigation.

An applicant could be denied for the same reasons as listed for revocation or suspension, and this proposal would allow the Director to warn, censure, probate, refuse to issue, or to suspend or revoke, a certificate. Certificate holders could seek review by the Administrative Hearing Commission. This proposal would allow immediate suspension of certificates when the holder had endangered the public, and would provide due process for the officer, when it appeared to be in the public interest and safety. The Department could obtain an injunction when a certificate holder was engaging in activities which created a serious danger to the health, safety or

welfare of others.

This proposal would grant the Department the power to issue and enforce subpoenas, and would allow discovery and admission into evidence of any records relating to a peace officer or certified reserve officer during a hearing on the officer's fitness to serve. Records concerning the officer's fitness could not be withheld on the basis of privilege. Individuals involved in the proceeding, who act in good faith and without malice would be immune from liability.

Death and Burial Benefits for Peace Officers

This proposal would establish a death and burial benefit for certain public safety officers as defined who were killed in the line of duty. Payment of the benefit would be given first to the spouse of the officer. If no spouse existed, the benefit would be given to any eligible child. If there is no surviving spouse or eligible child, the benefit would be given to the executor of the public safety officer's estate.

The amount of the death benefit would be a lump sum of $100,000. The amount of burial benefit would be up to $10,000. Both amounts would be subject to appropriation.

DESCRIPTION (continued)

Training for Sheriffs

This proposal would change the requirements for elected sheriffs. Currently, elected sheriffs and peace officers are exempt from Chapter 590, RSMo, requiring minimum training hours, background check and other requirements of certification by the director of the Department of Public Safety. This proposal would make elected sheriffs and peace officers subject to such certification.

This proposal would also delete sections establishing a training program after election of sheriffs and peace officers as the training would now be required prior to election.

Wages for Certain Peace Officers

This portion of the proposal would establish the Policemen and Sheriff's Deputies Trust Fund. The General Assembly would be required to appropriate from General Revenue an amount necessary to fulfill the minimum salary requirements for the fund starting in FY2001. The Office of Administration would be required to determine the political subdivisions eligible for the funds. Qualifying political subdivisions would be eligible to receive funds only during fiscal years 2001, 2002, and 2003.

St. Louis Board of Police Commissions

This portion of the proposal would allow the St. Louis Board of Police Commissioners to compensate the chief of police for any vacation leave accumulated in lieu of providing vacation days off with pay if that arrangement for compensation was agreed to by both the board and the chief of police.

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

Office of the Attorney General

State Courts Administrator

Department of Natural Resources

Department of Conservation

Department of Corrections

Office of Administration

Department of Public Safety

Department of Public Safety - Peace Officers Standards and Training

City of Sedalia

City of West Plains

City of Mexico

Monroe County Clerk

Jackson County Executive

Newton County Sheriff's Department

Jeanne Jarrett, CPA

Director

May 3, 1999