This Fiscal Note is not an official copy and should not be quoted or cited.
Fiscal Note - SB 0539 - Zero Alcohol Tolerance For Minors
L.R. NO. 2326-01
BILL NO. SB 539
SUBJECT: Crimes - driver's license
TYPE: Original
DATE: January 8, 1996
FISCAL SUMMARY
ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 1997 FY 1998 FY 1999
Highway Fund $20,000 to $120,000 $20,000 to $120,000 $20,000 to $120,000
General Revenue
Fund ($40,923) ($24,301) ($24,923)
Mental Health
Earnings Fund $12,266 $12,266 $12,266
Partial Estimated
Net Effect on All
State Funds ($8,657) to $91,343 $7,965 to $107,965 $7,343 to $107,343
*Does not include revenue from additional reinstatement fees
ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 1997 FY 1998 FY 1999
Total Estimated
Net Effect on All ($0 or ($0 or ($0 or
Federal Funds $7,130,000) $14,260,000) $14,260,000)
ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 1997 FY 1998 FY 1999
Local Government Unknown Unknown Unknown
FISCAL ANALYSIS
ASSUMPTION
Staff from the Office of State Courts Administrator (CTS) stated they would
not expect an appreciable fiscal impact as a result of this proposal.
Staff from the Department of Public Safety (DPS), and Division of Highway
Safety stated that under section 410 of Title 23, U.S.C. (United States
Code) the State of Missouri could qualify for approximately $120,000 in
federal funding for a maximum of three years with passage of zero tolerance.
Chapter 1 of Title 23, U.S.C. (United States Code) Section 320 the State of
Missouri will be sanctioned five percent of our State Highway Fund if zero
tolerance legislation is not passed by October 1, 1998 and ten percent every
year after until zero tolerance is passed.
Officials from the Missouri State Highway Patrol (MHP) stated the proposal
would not have an appreciable impact on their budget.
Officials from the Department of Mental Health (DMH) estimate 500 individuals
under 21 years of age would participate in the Substance Abuse Traffic
Offender Program (SATOP) under this proposal. DMH further estimated 450 of
these individuals would participate in the Offender Education Program (OEP)
and 50 would participate in the Weekend Intervention Program (WIP).
Individuals entering SATOP are required to pay a supplemental fee of $60 to
DMH. DMH estimated revenues to be $29,100 annually. Costs for the OEP and
the WIP are borne by the individual. DMH reimburses WIP's for costs based
upon the individuals ability to pay. DMH's most recent calculations show a
reimbursement rate of approximately $189 per participant. DMH estimates
these costs to be $9,433 annually.
However, Oversight assumes based on the Highway Patrol study that 308
individuals would enter SATOP and generate revenues of $17,925. Oversight
further assumes that 30 individuals would participate in the WIP at a cost to
the state of $5,659.
Staff from the Missouri Department of Revenue (DOR), Division of Motor
Vehicles and Drivers Licensing, and the Office of General Counsel stated the
proposal creates a crime of driving with a .02 blood alcohol content for
individuals under the age of twenty-one (21). In addition, it incorporates
these offenses under the authority of the Point System and the
Administrative DWI Law. As arrests originating from road blocks can now be
processed under the Administrative DWI Law, DOR believes this proposal could
have a significant administrative fiscal impact on DOR. Complete statistics
are unavailable, therefore, the fiscal impact is an unknown.
Educational Materials - Drivers License Bureau - This division estimates
there would be 200,000 individuals per year who are under twenty-one (21)
that must receive the educational pamphlet required by this proposal. The
forms costs for this pamphlet are $2,000 in FY97, FY98, and FY99.
Information Systems Division - This proposal would result in the modification
to the Drivers License computer support system to modify the acceptance of
alcohol influence report forms for individuals under the age of twenty-one
(21) who have been arrested with a BAC of .02; a new conviction type of
"driving with .02" must be added to the conviction table, the point
assessment routine for BAC convictions must be changed to reflect 8 points,
and various other programming modifications. This division would incur State
Data Center costs in the amount of $5,850 in FY97.
Sections 302.302 - 302.541 and Sections 577.012 - 577.037
This proposal also allows for additional suspensions and revocations to be
taken under the Administrative DWI and Point System Laws and allows for an
additional $25 reinstatement fee to be imposed for these actions. However,
as DOR is unable to predict how many such violations will be received, they
are unable to predict the revenue increase. Therefore, DOR is reporting an
"Unknown" revenue impact for this portion of the proposal.
DOR believes the revenue increase provided for in all provisions of this
proposal would be less than the administrative costs for implementation.
Oversight would expect DOR administrative costs to be less than $100,000 per
year to the Highway Fund.
Income to Local Funds would be dependent upon the amount of reinstatement
fees received by DOR which is an unknown.
Officials from the Office of State Public Defender (SPD) stated that last
fiscal year they represented indigent persons accused in approximately 4,050
alcohol related driving offenses. SPD assume that 1/3 of these charges were
against persons less than 21 years of age, and there would be 1,350
additional cases where the defendant was less than 21 years of age and
charged with BAC of .02 to .09. SPD stated they would need 4.50 FTE and
related expenses estimated at $189,830 cost to the General Revenue Fund in
FY97, $195,200 in FY98 and $200,233 in FY99.
According to a study conducted by the Highway Patrol in 1985, 9.04% of those
who took a chemical test had a blood alcohol contents of .00% through .099%.
Of those taking the test 9.35 percent were under 21 years of age. Applying
these percentages to the number of DWI arrests in 1994 (36,401) provides an
estimate of 308 potential additional arrests. Using percentages and
information from the Highway Patrol study and caseload information provided
by the SPD Oversight assumes the additional caseload would require .50 FTE
plus related equipment and expenses. Estimated costs to General Revenue Fund
for the SPD would be $20,874 in FY97, $19,320 in FY98, and $19,818 in FY99.
Staff from the Department of Health (DOH) stated they would need 2 laptop
computers, each at a cost of $2,500; diagnostic software at a cost of $8,000
and $3,000 for staff training. Estimated cost to General Revenue Fund would
be approximately $16,000 for FY97.
Officials from the Department of Highway and Transportation stated the
provisions of this bill which would allow for the expungement of an alcohol
related offense may place the state in noncompliance with federal
requirements. If the state is found to be in noncompliance, 5% of the amount
apportioned to the state for certain federal highway programs would be
withheld for the first fiscal year of noncompliance. The withholding would
be increased to 10% of those funds for the second and subsequent fiscal
years. Possible loss of federal funds for FY97 $7.13 million; for FY98 and
FY99 $14.26 million. However, it is not known if this legislation would
result in the loss of federal funds, therefore, the possible loss is not
incorporated into the fiscal impact of the fiscal note.
DHT also noted that federal law dictates that states pass provisions of this
bill addressing driving while intoxicated by minors by October 1, 1998, or
face the loss of 5 percent of specified federal highway funds beginning in
fiscal year 1998 and 10 percent in subsequent years. The categories of
federal funds affected would be National Highway System, Surface
Transportation Program, and Interstate Maintenance.
FISCAL IMPACT - State Government FY 1997 FY 1998 FY 1999
(10 Mo.)
HIGHWAY FUND
Income - Department of Public Safety
Division of Highway Safety
Alcohol Incentive Grant Funds $120,000 $120,000 $120,000
Income - Department of Revenue
Additional Reinstatement Fees Unknown Unknown Unknown
Cost - Department of Revenue
Administrative Costs ($0 ($0 ($0
to to to
$100,000) $100,000) $100,000)
ESTIMATED NET EFFECT ON
HIGHWAY FUND $20,000 $20,000 $20,000
to to to
$120,000 $120,000 $120,000
MENTAL HEALTH
EARNINGS FUND
Department of Mental Health
Income - SATOP Fees $17,925 $17,925 $17,925
Cost - WIP Reimbursement ($5,659) ($5,659) ($5,659)
ESTIMATED NET EFFECT ON
MENTAL HEALTH EARNINGS
FUND $12,266 $12,266 $12,266
GENERAL REVENUE FUND
Cost - Department of Health
Expenses & equipment ($16,000) $0 $0
Cost - State Public Defender
Personal Service (.50 FTE) $13,175 $16,205 $16,610
Fringe Benefits $4,049 $4,981 $5,105
Expense and Equipment $7,699 $3,115 $3,208
Total Costs to SPD ($24,923) ($24,301) ($24,923)
ESTIMATED NET EFFECT
ON GENERAL REVENUE
FUND ($40,923) ($24,301) ($24,923)
FEDERAL FUNDS
Cost - Department of Highways
and Transportation
Federal Sanction (Record
Expungement Provisions) $0 $0 $0
or or or
($7,130,000)($14,260,000)($14,260,000)
FISCAL IMPACT - Local Government FY 1997 FY 1998 FY 1999
(10 Mo.)
Income
County Aid Road Trust Fund Unknown Unknown Unknown
City Highway Funds Unknown Unknown Unknown
DESCRIPTION
The proposed legislation would make being under the age of 21 and convicted
of driving with Blood Alcohol Content (BAC) of .02 in combination with other
alcohol convictions a 12 point assessment. It would changes the number of
points assessed for a BAC from 6 to 8 and lower the BAC limit for an
administrative Driving While Intoxicated (DWI) arrest for individuals under
the age of 21 to .02. It would require an additional reinstatement fee for
individuals convicted for a violation of 577.012 and for individuals under
the age of 21 suspended/revoked for a .02 BAC, includes individuals under the
age of 21 and driving with .02 BAC in the definition of BAC, include "or two
hundred ten liters of breath" in Section 577.012. Educational materials
relating to the hazards of driving while intoxicated are to be provided to
every applicant who is under the age of twenty-one at the time of drivers
license application. Any person under the age of twenty-one and found guilty
for the first time for a blood alcohol of .02 or more shall have all records
expunged after a period of five years if the person has no intoxication
related traffic offenses during the five-year period.
Portions of this legislation are federally mandated. It would not duplicate
any other program and would not require additional capital improvements or
rental space.
SOURCES OF INFORMATION
Department of Revenue
Department of Mental Health
Department of Public Safety
Division of Highway Safety
Mo. State Highway Patrol
Department of Health
State Courts Administrator
State Public Defender