SB 0167 - Fiscal Note

Fiscal Note - SB 0167 - Modifies law pertaining to alcohol related traffic offenses

COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. NO.: 0639-02

BILL NO.: SB 167

SUBJECT: Alcohol; Crimes and Punishment; Drunk Driving/Boating; Motor Vehicles; Revenue Department

TYPE: Original

DATE: January 14, 1999

---

FISCAL SUMMARY

ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED	FY 2000	FY 2001	FY 2002
None
Total Estimated Net Effect on All State Funds	$0	$0	$0

ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED	FY 2000	FY 2001	FY 2002
None
Total Estimated Net Effect on All Federal Funds	$0	$0	$0

ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED	FY 2000	FY 2001	FY 2002
Local Government	$0	$0	$0

Numbers within parentheses: ( ) indicate costs or losses

This fiscal note contains 3 pages.

FISCAL ANALYSIS

ASSUMPTION

Officials of the Department of Public Safety - Missouri State Highway Patrol, Department of Revenue, Missouri Sheriffs' Association, Missouri Police Chiefs' Association, Office of Prosecution Services, Office of the Attorney General, and Missouri Department of Transportation assume this proposal would have no fiscal impact to their agencies.

Officials of the State Courts Administrator (CTS) assume this proposal would expand the open container law to include vehicle occupants, and increase the mandatory incarceration time for prior or persistent DWI offenders. A slight increase in the number of cases filed and an impact on local jail populations could result from this proposal. CTS officials would not anticipate a significant impact on costs to the judiciary.

Officials of the State Public Defender (SPD) stated that in FY98 they provided representation in 54 DWI second offenses. If just 1/3 of those cases desired a trial as a result of this proposal, 720 additional attorney hours would be required. For purposes of this proposal, SPD officials assume that existing staff could provide representation for those cases. However, passage of more than one similar bill would require the SPD system to request increased appropriations to cover the cumulative cost of representing the indigent accused. Appropriations are typically requested through the increased trial division caseload decision item in the SPD's Legislative Budget Request.

Oversight assumes there would be some impact to the local jail populations; however, based on the responses of the agencies listed above, Oversight assumes the fiscal impact would be minimal.

FISCAL IMPACT - State Government	FY 2000	FY 2001	FY 2002
	(10 Mo.)
	0	0	0
FISCAL IMPACT - Local Government	FY 2000	FY 2001	FY 2002
	(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

This proposal would prohibit the possession or consumption of an open alcoholic beverage by a passenger in a motor vehicle. Current law only prohibits the consumption of an open alcoholic beverage by the driver. The open container law would not apply to passengers who were occupying a chartered tour bus or recreational motor vehicle. This proposal would also require a prior offender to serve five days of imprisonment or serve thirty days of community service in order to receive parole or probation. A persistent offender would be required to serve ten days of imprisonment or serve sixty days of community service in order to receive parole or probation.

This legislation is federally mandated under the Transportation Equity Act for the 21^st Century Restoration Act. It would not duplicate any other program and would not require additional capital improvements or rental space.

SOURCES OF INFORMATION

Office of the Attorney General

State Courts Administrator

Department of Revenue

Department of Public Safety - Missouri State Highway Patrol

Office of Prosecution Services

Missouri Department of Transportation

State Public Defender

Missouri Sheriffs' Association

Missouri Police Chiefs' Association

Jeanne Jarrett, CPA

Director

January 14, 1999