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 0662 - Maximum legal blood alcohol content lowered to 0.08%
COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. NO. 2973-01
BILL NO. SB 662
SUBJECT: Blood Alcohol Content
TYPE: Original
FISCAL SUMMARY
ESTIMATED NET EFFECT ON STATE FUNDS Net Effect on All State Funds
FUND AFFECTED
FY 1999
FY 2000
FY 2001 Highway Fund
($13,408)
$34,473
$32,722
Total Estimated
($13,408)
$34,473
$32,722
|
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 |
| Cities | $9,146 | $20,635 | $20,635 |
| County Aid Road Trust Fund | $6,098 | $13,757 | $13,757 |
| Total Estimated Net Effect on Local Funds | $15,244 | $34,392 | $34,392 |
Numbers within parentheses: ( ) indicate costs or losses
This fiscal note contains 4 pages.
FISCAL ANALYSIS
ASSUMPTION
The Department of Transportation (DHT) and Department of Public Safety-Division of Highway Safety do not expect to be fiscally impacted.
The Missouri Highway Patrol (MHP) assumes that current resources could be used to absorb any costs resulting from this proposal.
The Office of Prosecution Services (OPS) does not expect any direct fiscal impact. The fiscal impact at the local level would be minimal.
In FY97, the State Public Defender (SPD) represented 130 driving with excessive alcohol content and 4,844 driving while intoxicated cases. The SPD assumes that existing resources could be utilized to provide representation for 25-30 cases which could arise from this proposal and where an indigent person would need representation. However, the passage of more than one similar proposal could result in the SPD requesting an increase in its appropriation for this purpose.
The Office of State Courts Administrator (CTS) would expect some increase in the number of DWI and BAC cases filed, but the number would not be significant enough to impact the budget of the judiciary.
The Department of Revenue (DOR) assumes that it would be fiscally impacted by this proposal. The reduction in the legal blood alcohol content would result in additional administrative hearings, trial-de-novo's and Court of Appeals hearings as the volume of suspensions and revocations increase. As a result, the Office of the General Counsel would require two assistant counsel to handle the DOR legal issues and challenges associated with the proposal. Additionally, these FTE would answer telephone inquiries and work directly with the Drivers License Bureau to implement this proposal. One clerk typist II would be needed for support. Based on a similar proposal from last session, Oversight has reduced the FTE request to one assistant counsel. It was assumed that the additional number of cases involving
ASSUMPTION (continued)
administrative hearings, trial-de-novos and court appeals would be minimal. If the workload should be greater than anticipated by Oversight, DOR could request additional resources through the budgetary process.
Since an increase in the number of administrative DWI arrest documentation and convictions would be anticipated, the DOR assumes that it would require two hours of overtime per day to handle the additional workload. The overtime rate for a clerk typist II would be $11,91, resulting in costs of $12,386 for an additional 1,040 hours. Additional postage of $1,600 in FY99 and $1,900 in FY00 and FY01 would be incurred as well.
Missouri law mandates a $45 reinstatement fee when driving privileges have been suspended or revoked for an alcohol related offense. It was assumed that the reinstatement fee would not be received until after the 90-day suspension and the one year revocation periods. The DOR estimates a total of 1,355 reinstatement fees being received in FY99 and 3,057 in FY00 and FY01.
| FISCAL IMPACT - State Government | FY 1999 | FY 2000 | FY 2001 |
| (10 Mo.) | |||
| HIGHWAY FUND | |||
| Income | |||
| Reinstatement Fees | $45,731 | $103,174 | $103,174 |
| Costs-Department of Revenue (DOR) | |||
| Personal Service (1 FTE) | ($38,891) | ($48,418) | ($49,629) |
| Fringe Benefits | ($10,901) | ($13,572) | ($13,911) |
| Expense and Equipment | ($9,347) | ($6,711) | ($6,912) |
| Total Costs-DOR | ($59,139) | ($68,701) | ($70,452) |
|
ESTIMATED NET EFFECT ON | |||
| HIGHWAY FUND | ($13,408) | $34,473 | $32,722 |
| FISCAL IMPACT - Local Government | FY 1999 | FY 2000 | FY 2001 |
| (10 Mo.) | |||
| LOCAL | |||
| Income-Cities | |||
| Reinstatement Fees | $9,146 | $20,635 | $20,635 |
| Income-County Aid Road Trust Fund | |||
| Reinstatement Fees | $6,098 | $13,757 | $13,757 |
|
ESTIMATED NET EFFECT ON | |||
| LOCAL FUNDS | $15,244 | $34,392 | $34,392 |
| FISCAL IMPACT - Small Business | |||
Small businesses would not be expected to incur a fiscal impact as a direct 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, would not require additional capital improvements or rental space, but would impact total state revenue.
SOURCES OF INFORMATION
Department of Revenue
Department of Public Safety
Missouri Highway Patrol
Office of State Courts Administrator
Office of Prosecution Services
State Public Defender
Department of Transportation
Jeanne Jarrett, CPA
Director
January 29, 1998