Fiscal Note - SB 0129 - Lowers BAC to .08 For Alcohol Related Traffic Offenses
L.R. NO. 0581-01
BILL NO. SB 129
SUBJECT: Alcohol-Courts-Drunk Driving
TYPE: Original
DATE: March 17, 1997
FISCAL SUMMARY
ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
Highway Fund ($2,562) $43,595 $42,647
Total Estimated
Net Effect on All
State Funds ($2,562) $43,595 $42,647
ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
Total Estimated
Net Effect on All
Federal Funds $0 $0 $0
ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
Local Government $14,155 $31,927 $31,927
FISCAL ANALYSIS
ASSUMPTION
No fiscal impact would be expected on the budgets of the following:
Department of Transportation (DHT); Department of Health (DOH); Department of
Public Safety (DPS), Missouri Highway Patrol (MHP), Division of Highway
Safety (DHS), and Division of Water Safety (DWS).
Officials from the Office of State Public Defender (SPD) stated there would
be minimal impact on their budget as a result of this legislation. SPD has
assumed that existing staff could provide representation for those 25 - 30
new cases arising when indigent persons were accused of "driving with
eight-hundredths of one percent of alcohol concentration." However, passage
of more than one similar bill would require SPD to request additional
appropriations to cover the cumulative cost of representing the indigent
accused.
Officials from the Office of State Courts Administrator (CTS) indicated they
are uncertain how many more cases would be filed if the DWI standard were
lowered to 0.08. CTS stated that in FY96, there were 34,660 state DWI and
BAC cases filed, with some being pled out to other charges, some dismissals,
some acquittals and 24,127 convictions at the 0.1% level. Prior research by
the Highway Patrol in 1985 suggests that 9% of those taking a chemical
sobriety test showed results between 0 and 0.0999%. CTS would expect any
increase in caseloads to be less than 5% of current volume or fewer than
1,700 additional cases. While there would be some additional cases and
corresponding costs, CTS indicated the increase would not be substantial and
probably less than $40,000.
Oversight believes that costs to the court system, spread statewide, would be
minimal and could be absorbed in existing appropriations.
Officials from the Department of Revenue (DOR), General Counsel's Office
stated that this proposal would result in additional administrative hearings,
trial-de-novo's and Court of Appeals hearings as the volume of suspended and
revoked drivers would increase. Therefore, the Office of the General Counsel
would require the services of three (3) Assistant Counsel for 100% of the
time to handle DOR legal issues and challenges associated with this proposal.
These FTE will also answer telephone inquiries and work directly with the
Drivers License Bureau on the implementation of this proposal. This office
would also require one (1) Legal Secretary to handle all secretarial
responsibilities.
Staff from the Driver's License Bureau (DLB) indicated this legislation would
require two (2) hours of overtime per day in BOTH the conviction processing
area and the administrative DWI area to handle the additional workload.
4 hours of overtime (OT) per day x 260 working days per year = 1,040 hours of
OT per year. The average salary of a Clerk Typist II is $1,328. The OT rate
if $11.49.$11.49 x 1,040 hours of OT=$11,950. DLB would also incur
additional postage costs in the amount of $1,600 in FY98 and $1,900 in FY99
and FY00.
Oversight has allowed overtime hours for DLB along with postage costs. In
addition, Oversight has allowed one (1) FTE Assistant Counsel along with
related expense and equipment. Oversight believes the additional number of
cases that would involve administrative hearings, trial de novos and court of
appeals would be minimal. Should additional duties increase workloads more
than Oversight anticipates, DOR could request additional resources through
decision items in the normal budget process.
REVENUE IMPACT
Missouri Law mandates that a $45 reinstatement fee be paid prior to the
driving privilege reinstatement following an alcohol related suspension or
revocation. For purposes of this fiscal note, DOR assumed the reinstatement
fee will not be received until after the 90 day suspension and one year
revocation periods have ended. DOR projects there will be a total of 2,157
reinstatement fees received in FY98 and 2,838 in FY99 and FY00. The revenue
impact would be as follows:
FY98
2,157 x $45 = $ 56,622
$56,622 x 75% = $ 42,467 Highway Fund
$56,622 x 15% = $ 8,493 City Road Fund
$56,622 x 10% = $ 5,662 County Aid Road Trust Fund
FY99 and FY00
2,838 x $45 = $127,710
$127,710 x 75% = $ 95,783 Highway Fund
$127,710 x 15% = $ 19,157 Cities Road Fund
$127,710 x 10% = $ 12,771 County Aid Road Trust Fund
FISCAL IMPACT - State Government FY 1998 FY 1999 FY 2000
(10 Mo.)
HIGHWAY FUND
Income to Department of Revenue (DOR)
Reinstatement Fees $42,467 $95,783 $95,783
Cost to Department of Revenue (DOR)
Personal Service (1 FTE) ($33,943) ($41,451) ($42,189)
Fringe Benefits ($6,842) ($8,417) ($8,627)
Expense and Equipment ($4,244) ($2,320) ($2,320)
Cost to DOR ($45,029) ($52,188) ($53,136)
ESTIMATED NET EFFECT TO
HIGHWAY FUND ($2,562) $43,595 $42,647
FISCAL IMPACT - Local Government FY 1998 FY 1999 FY 2000
(10 Mo.)
Income: Local Funds
City Road Funds $8,493 $19,156 $19,156
County Aid Road Trust Fund $5,662 $12,771 $12,771
ESTIMATED NET EFFECT TO
LOCAL FUNDS $14,155 $31,927 $31,927
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 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 and would not require additional capital improvements or rental
space.
SOURCES OF INFORMATION
Department of Revenue
Department of Health
Department of Public Safety (Hwy Safety & Hwy Patrol)
Office of State Courts Administrator
Office of Prosecution Services
State Public Defender
Department Highways and Transportation
This Fiscal Note is not an official copy and should not be quoted or cited.