SB 0902 - Fiscal Note

Fiscal Note - SB 0902 - Increases enforcement of boating laws on Lake of the Ozarks

COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. NO. 3503-01

BILL NO. SB 902

SUBJECT: Boats and Watercrafts

TYPE: Original

DATE: February 24, 1998

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FISCAL SUMMARY

ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED	FY 1999	FY 2000	FY 2001
None
Total Estimated Net Effect on All State Funds	$0	$0	$0

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 3 pages.

FISCAL ANALYSIS

ASSUMPTION

The Department of Public Safety, Missouri State Water Patrol and the Missouri Sheriff's Association assume this proposal would not fiscally impact their agencies.

The Office of State Courts Administrator (CTS) states that this proposal prohibits large congregations of boats on state lakes, and that violations would be a misdemeanor. CTS assumes there may be an increased number of prosecutions for the first year or two in a few counties. However, after a period of adjustment, CTS assumes substantial compliance and would not anticipate a substantial increase in prosecutions or costs.

The State Public Defender (SPD) assumes existing staff could provide representation for the 20 to 30 cases arising where indigent persons were accused of "adjoining 20 or more boats together, or lake nudity, or having sex in front of others". However, passage of more than one similar proposal would require the SPD system to request increased appropriations to cover the cumulative cost of representing the indigent accused.

The Office of Prosecution Services and the Attorney General's Office did not respond to our fiscal impact request. Based on their response to a similar proposal from last session, Oversight assumes this proposal would not fiscally impact these agencies.

FISCAL IMPACT - State Government	FY 1999	FY 2000	FY 2001
	$0	$0	$0
FISCAL IMPACT - Local Government	FY 1999	FY 2000	FY 2001
	$0	$0	$0

FISCAL IMPACT - Small Business

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

DESCRIPTION

This proposal broadens the authority of the State Water Patrol to regulate certain activities on Missouri lakes. Motorized vessels will only be allowed to raft together in groups of twenty or less, with a minimum distance of three hundred feet between each group. Violations of these restrictions subject the owner or operator to a Class B misdemeanor for the first offense and a Class A misdemeanor thereafter. Failure to disperse an illegal raft of boats is a Class C misdemeanor.

This proposal also makes public nudity or sexual contact in a way which would likely cause affront or alarm a Class B misdemeanor for the first offense and a Class A misdemeanor thereafter. The Water Patrol may request and receive the help of a county sheriff or the State Highway Patrol. Sheriffs in counties bordering a lake will have authority to enforce the laws relating to boating, controlled substances, and crime in general when upon the lake. Vessels involved in drug felonies may be forfeited as provided in Chapter 513, RSMo. The proposal has an emergency clause.

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 Public Safety

Missouri State Water Patrol

State Public Defender's Office

Office of the State Courts Administrator

Missouri Sheriff's Association

NOT RESPONDING: Office of Prosecution Services and Attorney General's Office

Jeanne Jarrett, CPA

Director

February 24, 1998