COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. No.: 0038-08

Bill No.: SCS for SB 30

Subject: Children and Minors; Boards, Commissions, Committees, Councils; Public Safety Department; Television; Telecommunications; Crimes and Punishment.

Type: Original

Date: February 3, 2003




FISCAL SUMMARY



ESTIMATED NET EFFECT ON GENERAL REVENUE FUND
FUND AFFECTED FY 2004 FY 2005 FY 2006
General Revenue ($8,180) $0 $0
Total Estimated

Net Effect on

General Revenue

Fund

($8,180) $0 $0



ESTIMATED NET EFFECT ON OTHER STATE FUNDS
FUND AFFECTED FY 2004 FY 2005 FY 2006
None
Total Estimated

Net Effect on Other

State Funds

$0 $0 $0



Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 6 pages.











ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 2004 FY 2005 FY 2006
None
Total Estimated

Net Effect on All

Federal Funds

$0 $0 $0



ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 2004 FY 2005 FY 2006
Local Government $0 $0 $0




FISCAL ANALYSIS



ASSUMPTION



Officials from the Missouri Department of Transportation (MoDOT) state this proposal establishes both local and statewide abduction-alert programs. MoDOT states it is not designated as a state-emergency-alert-system broadcaster, however, MoDOT can voluntarily utilize its message devices (Changeable Message Signs and Dynamic Message Signs) for displaying abduction-alert messages. MoDOT assumes that it will not purchase new devices for the primary purpose of displaying such messages, and therefore, assume this proposal would not fiscally impact their agency.



In response to similar legislation from this year, officials from the Office of Secretary of State (SOS) assumed there would be costs due to additional publishing duties related to the Department of Public Safety's authority to promulgate rules, regulations, and forms. SOS estimated the division could require as many as 10 new pages of regulations in the Code of State Regulations at a cost of $27.00 per page,

and 15 new pages in the Missouri Register at a cost of $23.00 per page. Costs due to this proposal were estimated to be $615, however, the actual fiscal impact would be dependent upon the actual rule-making authority and may be more or less. Financial impact in subsequent fiscal years would depend



ASSUMPTION (continued)



entirely on the number, length, and frequency of the rules filed, amended, rescinded, or withdrawn. SOS did not anticipate the need for additional staff as a result of this proposal, however, the enactment of more than one similar proposal may, in the aggregate, necessitate additional staff.



Oversight assumes the SOS could absorb the costs of printing and distributing regulations related to this proposal. If multiple bills pass which require the printing and distribution of regulations at substantial costs, the SOS could request funding through the appropriation process. Any decisions to raise fees to defray costs would likely be made in subsequent fiscal years.



Officials from the Department of Public Safety - Missouri Highway Patrol (MHP) state that according to their Division of Drug and Crime Control (DDCC), a temporary 1,000 hour employee would be needed for the initial set-up of the alert system. The cost per hour for the employee is estimated to be $8.18. After completing the initial set-up, the duties of the alert system and the committee would be absorbed within DDCC.



In response to an previous version of this proposal, the MHP had assumed the need for 1 FTE to fulfill the duties of this legislation. However, the MHP states that Executive Order 02-17 was enacted last year and upon reviewing the current duties performed by the Patrol, compared to the duties required by the proposed legislation, it was determined that a full-time FTE would not be necessary. Rather, a temporary employee could establish the initial set-up. Upon completion of the initial set-up, the duties required by the legislation would be absorbed within DDCC. Therefore, this fiscal note has been reduced to reflect those changes.



Officials from the Department of Public Safety - Director's Office state that their department would be responsible to coordinate with local law enforcement agencies and public commercial television and radio broadcasters. Currently, the Highway Patrol coordinates the Missouri ALERT system, therefore this proposal would not fiscally impact the Director's Office.



Officials from the St. Louis Metropolitan Police Department and the Springfield Police Department state this proposal would not fiscally impact their respective agencies.



Officials from the Kansas City Police Department did not respond to our request for fiscal impact.





FISCAL IMPACT - State Government FY 2004

(10 Mo.)

FY 2005 FY 2006
GENERAL REVENUE FUND
Costs - Missouri Highway Patrol
Personal Service (1 temporary) ($8,180) $0 $0
ESTIMATED NET EFFECT ON GENERAL REVENUE FUND



($8,180)


$0


$0




FISCAL IMPACT - Local Government FY 2004

(10 Mo.)

FY 2005 FY 2006
$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 creates a statewide alert system to be activated in the event a person is abducted.



STATEWIDE MISSOURI ALERT SYSTEM - The Department of Public Safety (DPS) shall develop a program whereby the state will be divided into regions. These regions are a coordinated effort between local law enforcement agencies and local media within the region. If a local entity does not

have an alert system in place, DPS will notify local media in their region, who by prearranged plan will issue an alert.



In the event that there is credible evidence that an abduction suspect has traveled or is traveling out of one Missouri Alert jurisdiction, DPS will coordinate the activation of other Missouri Alerts in the vicinity

where the abductor is thought to be heading.









DESCRIPTION (continued)



EXISTING LOCAL PROGRAMS - Currently existing alert programs operating as of January 1, 2004, will be exempted. This will give local jurisdictions about a year to develop their own programs.



Local programs coming online after January 1, 2004, will need to conform with the following standards: (a) will only be activated in cases where there is a credible threat of serious bodily injury or death; (b) will not be activated in custodial disputes unless there is the credible threat of serious bodily injury or death; and (c) there are sufficient details as to the abduction as to make the activation of the system useful.



Participation in a Missouri Alert Program is entirely at the option of the local law enforcement agency and media.



ALERT MISSOURI SYSTEM OVERSIGHT COMMITTEE - The proposal establishes an oversight committee who will be responsible for the development of criteria and procedures for the Alert Missouri system. The oversight committee will be housed in the Department of Public Safety.



The oversight committee will be chaired by the Director of Public Safety. Other members will be appointed by the Governor with advice and consent of the Senate and will serve staggered four year terms. The members appointed by the Governor shall include the following representatives: 2 from the Missouri Sheriff's Association; 2 from the Missouri Police Chief's Association; 1 large market radio broadcaster; 1 small market radio broadcaster; 1 television broadcaster; and 1 citizen representative from each Alert Missouri region. Members shall not be compensated except for actual and necessary expenses.



This legislation is not federally mandated and would not require additional capital improvements or rental space. The proposal may duplicate other programs that are currently in place. Alert Missouri, similar to the AMBER Alert program, is administered by the Department of Public Safety and was issued by Executive Order 02-17.















SOURCES OF INFORMATION



Department of Public Safety

Director's Office

Missouri Highway Patrol

Office of the Secretary of State

Department of Transportation

Springfield Police Department

St. Louis Police Department



NOT RESPONDING: Kansas City Police Department















Mickey Wilson, CPA

Director

February 3, 2003