COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.: 0398-01
Bill No.: SB 113
Subject: Motor Vehicles; Crimes and Punishment.
Type: Original
Date: January 8, 2003
FISCAL SUMMARY
| FUND AFFECTED | FY 2004 | FY 2005 | FY 2006 |
| Total Estimated
Net Effect on General Revenue Fund |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2004 | FY 2005 | FY 2006 |
| None | |||
| Total Estimated
Net Effect on Other State Funds |
$0 | $0 | $0 |
Numbers within parentheses: ( ) indicate costs or losses.
This fiscal note contains 4 pages.
| FUND AFFECTED | FY 2004 | FY 2005 | FY 2006 |
| None | |||
| Total Estimated
Net Effect on All Federal Funds |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2004 | FY 2005 | FY 2006 |
| Local Government | $0 | $0 | $0 |
ASSUMPTION
Officials from the Department of Transportation, Office of State Courts Administrator and the Department of Public Safety - State Highway Patrol each assume the proposed legislation would have no fiscal impact on their respective agencies.
Officials from the Office of Prosecution Services state as this creates new crimes, it will impact the caseloads of prosecutors, but the net effect should not be substantial.
Officials from the Office of State Public Defender assume existing staff could provide representation for those cases arising where indigent persons were charged with installing fake air bags in automobiles. Passage of more than one bill increasing penalties on existing crimes or creating new crimes would require the State Public Defender System to request increased appropriations to cover the cumulative cost of representing indigent persons accused in the now more serious cases or in the new additional cases.
Officials from the Department of Corrections (DOC) did not respond to Oversight's request for
ASSUMPTION (continued)
fiscal impact. However, in response to similar legislation from a previous year, DOC assumed they could not predict the number of new commitments which may result from the creation of the offense(s) outlined in this proposal. An increase in commitments depends on the utilization by prosecutors and the actual sentences imposed by the court.
If additional persons are sentenced to the custody of the DOC due to the provisions of this legislation, the DOC will incur a corresponding increase in operational cost either through incarceration (FY01 average of $35.78 per inmate per day, or an annual cost of $13,060 per inmate) or through supervision provided by the Board of Probation and Parole (FY01 average of $3.34 per offender per day, or an annual cost of $1,219 per offender).
The following factors contributed to DOC's minimal assumption:
The DOC did not anticipate the need for capital improvements at this time. It must be noted that the cumulative effect of various new legislation, if passed into law, could result in the need for additional capital improvements funding if the total number of new offenders exceeds current planned capacity.
In summary, supervision by the DOC through probation or incarceration would result in some additional costs, but it was assumed the impact would be $0 or a minimal amount that could be absorbed within existing resources.
| FISCAL IMPACT - State Government | FY 2004
(10 Mo.) |
FY 2005 | FY 2006 |
| $0 | $0 | $0 |
| FISCAL IMPACT - Local Government | FY 2004
(10 Mo.) |
FY 2005 | FY 2006 |
| $0 | $0 | $0 |
FISCAL IMPACT - Small Business
No direct fiscal impact to small businesses would be expected as a result of this proposal.
DESCRIPTION
The proposed legislation would make it illegal to install fake air bags in automobiles. A person convicted of this offense would be guilty of a class D felony, punishable by a $5,000 fine, one year in jail or both.
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 Prosecution Services
Office of State Courts Administrator
Office of State Public Defender
Department of Transportation
Department of Public Safety
State Highway Patrol
NOT RESPONDING: Department of Corrections
Mickey Wilson, CPA
Director
January 8, 2003