SB 0660 - Fiscal Note

Fiscal Note - SB 0660 - Limits officers' arrest powers regarding vehicular fresh pursuit of suspected felons

COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. NO. 2869-01

BILL NO. SB 660

SUBJECT: Law Enforcement Officers and Agencies; Criminal Procedure;

Public Safety Dept.; Motor Vehicles

TYPE: Original

DATE: January 20, 1998

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FISCAL SUMMARY

ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED	FY 1999	FY 2000	FY 2001
State Park Fund	($21,500)	($1,075)	($1,075)
Vehicle Revolving Fund	($98,000)	$0	$0
Highway Fund	($22,122)	$1,846	$23,361
Total Estimated Net Effect on All State Funds	($120,122)	$771	$22,286

ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED	FY 1999	FY 2000	FY 2001
None
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 6 pages.

FISCAL ANALYSIS

ASSUMPTION

Officials of the Missouri Department of Conservation and the Office of the Attorney General assume this proposal would have no fiscal impact to their agencies.

Officials of the Department of Natural Resources (DNR) assume this proposal would require their department to maintain systems, developed by the Department of Public Safety, to collect information on pursuit driving. DNR officials contacted the Department of Public Safety (DPS) to determine what would be expected of the DNR. DPS stated that they assume they could utilize their existing system to meet this requirement of this proposal. If the existing system were not sufficient, DPS officials indicated they would request additional resources. In addition, DPS referred to the written report required for each "fresh pursuit" initiated as a possible means to acquire fresh pursuit information from DNR.

Based on this information, DNR officials assume they would be able to provide written information to DPS which would satisfy this requirement. If DNR were required to purchase data processing equipment or software to meet this requirement, additional resources would be requested.

DNR officials assume this proposal would also require actual drivers' training and classroom training for officers participating in pursuit activities. Again, DNR contacted DPS to determine if they were planning to develop a course and provide this training. DPS officials assumed they would be providing the training. They assumed the cost, based on similar-type training, would be approximately $500 per participant for both the classroom and the actual drivers' training.

DNR has 43 state park rangers that would need this training. Accordingly, the DNR officials estimate the cost to meet this requirement would be $21,500 (43 rangers x $500 cost per participant) in FY99. DNR assumes there would be a 5% turnover rate in rangers; therefore, fiscal impact from this proposal in both FY's 2000 and 2001 would be $1,075.

Officials of the Department of Public Safety - Missouri State Highway Patrol (MSHP) stated that they currently have an Emergency Vehicle Operations Course (EVOC) track that is used to train Patrol recruits. This track has been used since 1991 for an average of 120 recruits per year. However, due to the requirements of this proposal, MSHP officials anticipate 4,800 officers would need to be trained. Due to this high usage, the track would require some updates. The current track house does not have a garage bay or a classroom facility. The current skid paid

ASSUMPTION (continued)

would require repairs to keep water on the surface for slickness. The repairs to the skid paid and the track house with classrooms, restrooms, and a garage bay would cost approximately $80,000 in capital improvements.

MSHP officials assume that they would charge an estimated $100 per day per student for the EVOC training course. These fees would help offset the cost to maintain the EVOC track and buildings and pay for the trainers' salaries. MSHP staff estimate that an average of 15 students would be trained per week.

MSHP's Research and Development Division officials assume they would need to make minor revisions to the Patrol's pursuit policy to comply with the supervisory evaluation of pursuits and with the DPS's rules which would be promulgated as a result of this proposal.

Currently, the MSHP's Training Division currently has EVOC training for Patrol recruits only. This totals an average of 120 recruits per year. The training course is 40 hours. There is currently one full time officer that coordinates the training course with around 20 field officers that rotate as trainers on an as-needed basis. However, based on the way previous training requirements for law enforcement officers have been fulfilled in the past, MSHP officials assume they would be responsible for the EVOC training. Due to bad weather, MSHP estimates the track would be used 40 weeks per year. MSHP officials assume the following costs would result from this proposal:

1. The MSHP estimates of the 16,000 law officers in the state, 30% would require EVOC training. At a rate of 15 students per week, it would take the MSHP eight years to train the 4,800 officers (16,000 x 30% = 4,800/15 students per week = 320 weeks / 40 weeks per year = 8 years).

2. The MSHP estimates that they would charge $100 per day per student which would result in the collection of $300,000 per year ($100 per day x 5 days per week x 15 students per week x 40 weeks per year).

3. The MSHP would request eight (8) Troopers, one (1) Clerk Typist, one (1) Auto Technician I/Building & Grounds Maintenance person. The eight troopers would be requested for training the students at a 2 students per trainer ration plus one patrolman in the tower to supervise the track. The Clerk Typist would be requested to complete and maintain all paperwork associated with the training. The Auto Technician I/Building &

ASSUMPTION (continued)

Grounds Maintenance person would be requested to maintain the cars and grounds at the EVOC training site. Since the track would be used 40 weeks per year, a full-time staff would be requested to run the track and classes.

4. Due to the high usage rate, MSHP's current 1989 Chevrolets would need to be replaced with 10 1996 Fords equipped for the track. Each Ford would cost $14,000, totalling $140,000 (10 cars x $14,000 each).

5. The vehicles use about 350 gallons of gas per week. With an average cost of $1.00 per gallon, this would result in $14,000 per year (350 gallons per week x 40 weeks x $1.00 per gallon).

6. Annual maintenance and repairs to the vehicles would cost an estimated $10,000.

7. Tires for the vehicles would need to be replaced every week. The average tire costs $50. Therefore, the total tire cost per year would be $80,000 (4 tires per vehicle x 10 vehicles x $50 per tire x 40 weeks).

Oversight assumes the Missouri State Highway Patrol is currently over the maximum number of patrolmen allowed by Section 43.050, RSMo. Therefore, Oversight assumes any additional patrolmen duties would have to be redistributed within existing resources or civilian personnel would have to be utilized. For purposes of this fiscal note, Oversight assumed that MSHP could request 6 non-uniform fresh pursuit FTE's. Based on information received from local tire retailers, Oversight assumes that MSHP should be able to replace the tires on the track cars bi-weekly, rather than weekly. Missouri State Highway Patrol retires their patrol cars every two years or every 50,000 miles. They sell these cars to other state agencies. Currently, they retire cars at a faster rate than state agencies have purchased those vehicles. Oversight assumes that these patrol cars could be utilized for fresh pursuit training. Because those cars would have otherwise been sold to state agencies, Oversight has shown a loss of revenue to the Vehicle Revolving Fund. Oversight assumes that not all students/trainers would be driving at exactly the same time and have reduced the number of track cars requested to 7 vehicles.

This proposal would affect Total State Revenues.

FISCAL IMPACT - State Government	FY 1999	FY 2000	FY 2001
	(10 Mo.)
STATE PARK FUND
Cost-Department of Natural Resources (DNR)
Fresh pursuit training	($21,500)	($1,075)	($1,075)
VEHICLE REVOLVING FUND
Loss-Missouri State Highway Patrol
Sale of retired patrol cars	($98,000)	$0	$0
HIGHWAY FUND
Income-Missouri State Highway Patrol
Fresh pursuit training fees	$300,000	$300,000	$300,000
Cost-Department of Public Safety
Missouri State Highway Patrol (MSHP)
Personal Service (8 FTE)	($141,332)	($173,908)	($178,255)
Fringe Benefits	(63,472)	(78,102)	(50,856)
Expense and Equipment	(117,318)	(46,144)	(47,528)
Total Cost-MSHP	($322,122)	($298,154)	($276,639)
ESTIMATED NET EFFECT
TO HIGHWAY FUND	($22,122)	$1,846	$23,361
FISCAL IMPACT - Local Government	FY 1999	FY 2000	FY 2001
	(10 Mo.)
	0	0	0

FISCAL IMPACT - Small Business

No direct fiscal impact to small businesses would be expected as a result of this proposal.

DESCRIPTION

Law enforcement officers, conservation agents, capitol police, state park rangers and state water patrol agents in fresh pursuit of a suspected felon, or of a person for whom a felony warrant had been issued, would have the authority to arrest and hold the person anywhere in the state.

Public agencies electing to institute vehicular pursuits would be required to adopt a written policy, with minimum standard of written procedures and guidelines. Such public agencies would also be required to maintain systems to collect information on pursuit driving. Systems would have to be written by the Department of Public Safety and promulgated by rule. The policies would be reviewed and updated every two years. This proposal would require actual drivers' training for pursuit situations and classroom training to be given. Officers would be required to provide written justification for each fresh pursuit undertaken, which would be evaluated by a supervisor.

This legislation is not federally mandated, would not duplicate any other program and would not require rental space. It would result in capital improvements to the EVOC track and track house. This proposal would affect Total State Revenues.

SOURCES OF INFORMATION

Department of Public Safety

Office of the Attorney General

Missouri Department of Conservation

Department of Natural Resources

Missouri Sheriffs' Association

Jeanne Jarrett, CPA

Director

January 20, 1998