This Fiscal Note is not an official copy and should not be quoted or cited.
This Fiscal Note is not an official copy and should not be quoted or cited.
Fiscal Note - SB 0522 - Increases provisions for the reporting of impaired operators of motor vehicles
COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. NO. 2036-05
BILL NO. HCS for SCS for SB 522
SUBJECT: Reporting of Impaired Motor Vehicle Operators
TYPE: Original
DATE: May 6, 1998
FISCAL SUMMARY
|
ESTIMATED NET EFFECT ON STATE FUNDS | |||
| FUND AFFECTED | FY 1999 | FY 2000 | FY 2001 |
| Highway Fund | ($43,539) | ($67,105) | ($68,619) |
| Total Estimated
Net Effect on All State Funds |
($43,539) | ($67,105) | ($68,619) |
|
ESTIMATED NET EFFECT ON FEDERAL FUNDS | |||
| FUND AFFECTED | FY 1999 | FY 2000 | FY 2001 |
| Total Estimated
Net Effect on All Federal Funds |
$0 | $0 | $0 |
|
ESTIMATED NET EFFECT ON LOCAL FUNDS | |||
| FUND AFFECTED | FY 1999 | FY 2000 | FY 2001 |
| Local Government | $0 | $0 | $0 |
Numbers within parentheses: ( ) indicate costs or losses
This fiscal note contains 4 pages.
FISCAL ANALYSIS
ASSUMPTION
The Office of State Courts Administrator (CTS), Department of Public Safety (DPS)-Division of Highway Safety, and Office of Prosecution Services (OPS) do not expect to be fiscally impacted.
Oversight assumes, based on a similar proposal, the State Public Defender (SPD) would not be fiscally impacted. Existing resources would be used to provide representation in the cases arising as a result of this proposal. However, the passage of more than one similar proposal could result in the SPD requesting an increase in its appropriation for such purposes.
The Missouri Highway Patrol (MHP) assumes that it would require an additional 1.1 FTE (i.e., driver examiner) to carry out the duties of this proposal. For purposes of this fiscal note, MHP calculated costs for 1 FTE. In 1997, 685 drivers were cited for retesting. The MHP expects the number of drivers cited to double to 1,370 and would be required to take the full examination which averages 45 minutes. The current statewide failure rate is 23%, but it was assumed that those being cited as unsafe drivers as a result of this proposal would be 50% and would require a second test. The MHP further assumes that those tested a second time would require a third test. In all likelihood, the total 685 would not have to be retested a third time, but even a reduction of 1/4 for the third time, would still result in the MHP needing an additional FTE.
The Department of Revenue (DOR) assumes a fiscal impact as a result of this proposal. This proposal would allow various individuals to report at risk drivers, thus, resulting in an increase in citations. The DOR assumes that it would need one FTE to handle the increased workload. In addition, the DOR would incur costs for the actual and necessary expenses of the Medical Advisory Board. Costs for the Board were estimated at $6,000 annually.
The DOR assumes that this proposal would not generate revenue as the failure to take or to pass the driver's test does not result in a revocation or suspension of a license. Thus, there would be no reinstatement fee imposed.
| FISCAL IMPACT - State Government | FY 1999 | FY 2000 | FY 2001 |
| (6 Mo.) | |||
| HIGHWAY FUND | |||
| Costs-Missouri Highway Patrol (MHP) | |||
| Personal Service (1 FTE) | ($10,584) | ($21,698) | ($22,240) |
| Fringe Benefits | ($4,753) | ($9,744) | ($9,988) |
| Expense and Equipment | ($872) | ($608) | ($608) |
| FISCAL IMPACT - State Government | FY 1999 | FY 2000 | FY 2001 |
| (continued) | (6 Mo.) | ||
| Total Costs-MHP | ($16,209) | ($32,050) | ($32,836) |
| Costs-Department of Revenue (DOR) | |||
| Personal Service (1 FTE) | ($10,908) | ($22,361) | ($22,920) |
| Fringe Benefits | ($3,054) | ($6,261) | ($6,418) |
| Expense and Equipment | ($13,368) | ($6,433) | ($6,445) |
| Total Costs-DOR | ($27,330) | ($35,055) | ($35,783) |
|
ESTIMATED NET EFFECT ON | |||
| HIGHWAY FUND | ($43,539) | ($67,105) | ($68,619) |
| FISCAL IMPACT - Local Government | FY 1999 | FY 2000 | FY 2001 |
| (6 Mo.) | |||
| $0 | $0 | $0 | |
| FISCAL IMPACT - Small Business | |||
This proposal would not have a direct fiscal impact on small businesses.
DESCRIPTION
The proposal would require persons to submit to periodic driver's license examinations if an examination indicates a condition which potentially impairs safe driving. Refusal to submit to the examination could result in the denial of a license with notification being provided by certified mail. The director of the Department of Revenue (DOR) would have good cause to believe that a person's driving ability were impaired on the basis of a report from certain designated individuals outlined in the proposal. Such individuals would be immune from civil liability if the report were made in good faith.
The DOR, in conjunction with the medical advisory board established by the proposal, would develop a standardized form and provide guidelines for the reporting of cases and examination of drivers. the guidelines and regulations implementing this requirement would be in compliance with the Americans with Disabilities Act of 1990, as amended. The DOR would be required to develop a complaint/grievance procedure for drivers who believe they have been discriminated against on the basis of physical disability. The DOR would be required to provide health care professionals and law enforcement officers with information about the procedures authorized.
DESCRIPTION (continued)
It would be a class A misdemeanor if any person knowingly violates a confidentiality provision or knowingly permits or encourages the unauthorized use of a report or person's name. The individual would also be liable for damages. The filing of a false report would be a class A misdemeanor and the person would be liable for damages.
Revocation, suspension, denial or restriction appeals would be in accordance with section 302.311.
Any individual whose condition is temporary would have the right to petition the director of the DOR for total or partial reinstatement of his or her license. The request would be made on a form provided by the DOR and accompanied with a statement from a health care provider with the same or similar license as the provider who made the initial report. a decision would be made within 30 days of receipt of the petition with the decision being appealable pursuant to subsection 10.
This proposal has an effective date of January 1, 1999.
This legislation is not federally mandated, would not duplicate any other program, would not require additional capital improvements or rental space and would not impact total state revenue.
SOURCES OF INFORMATION
Department of Revenue
Office of State Courts Administrator
Department of Public Safety
Missouri Highway Patrol
Office of Prosecution Services
NOT RESPONDING: State Public Defender
Jeanne Jarrett, CPA
Director
May 6, 1998