COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. No.: 1000-09

Bill No.: SCS for SB 381, 384, 432 & 9

Subject: Motor Vehicles; Roads and Highways; Transportation, Revenue Dept.; Boats and Watercrafts; Motor Carriers

Type: Original

Date: March 30, 2003




FISCAL SUMMARY



ESTIMATED NET EFFECT ON GENERAL REVENUE FUND
FUND AFFECTED FY 2004 FY 2005 FY 2006
General Revenue* $0 to Unknown $67,958 to Unknown $43,047 to Unknown
Total Estimated

Net Effect on

General Revenue

Fund

$0 to Unknown $67,958 to Unknown $43,047 to Unknown

*The unknown potential increase in fine collection would depend on compliance and enforcement.



ESTIMATED NET EFFECT ON OTHER STATE FUNDS
FUND AFFECTED FY 2004 FY 2005 FY 2006
State School Money $0 $0 $0
Highway Fund* ($8,608,370 to Unknown) ($149,360) to Unknown ($149,360) to Unknown
Total Estimated

Net Effect on Other

State Funds

($8,608,370 to Unknown) ($149,360 to Unknown) ($149,360 to Unknown)

*Unknown not expected to exceed $100,000.



Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 12 pages.





ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 2004 FY 2005 FY 2006
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* Unknown Unknown Unknown

* Unknown could exceed $100,000.



FISCAL ANALYSIS



ASSUMPTION



Use of Headlights: This section could require motorists to use their headlights whenever rain, snow, fog or other atmospheric conditions require the use of windshield wipers.



Officials with the Department of Revenue (DOR), Department of Public Safety (DPS) and the Department of Transportation (MoDOT) assume this section would have no fiscal impact on their agencies.



Child Restraint: This section could require the use of booster seats for some children, waive the penalty in some cases, require rental agencies to inform customers of these requirements and to provide an appropriate child passenger safety restraint system for rent.



Officials with DOR, DPS and MoDOT assume this section would have no fiscal impact on their agencies.



From similar proposals, officials with the Office of the State Courts Administrator (CTS) stated that they would not expect the number of cases to significantly increase the workload of the courts and after a period of adjustment, would expect substantial compliance to reduce the initial number of violations.



ASSUMPTION (continued)



Seat Belt Use: This section could require the passengers to sit in certain areas if there are no seat belts available.



Officials with DOR, DPS and MoDOT assume this section would have no fiscal impact on their agencies.



Bicycle Provisions: This section amends the Model Traffic Ordinance. It proposes changes to bicycle lane travel and requires motorists to exercise the highest degree of care to avoid colliding with bicyclists and motorcyclists. It further proposes to hold motorists who intentionally, recklessly or negligently collide with pedestrians or cyclists liable for certain compensatory damages and possible license revocation.



Officials with DOR assume this section could require their agency to assess points upon receipt of a determination by a court in a civil proceeding. The change to this section provides for a 12 point assessment based if the following has occurred:



-The operator has six or more points on his or her driving record;

-The operator has a prior conviction for an intoxication-related offense; or

-The operator has previously caused an injury to a bicyclist, pedestrian, or motorcyclist requiring hospitalization.



DOR could have to create a program evaluation to edit the persons record for six or more points and for an intoxicated related offense. However, there is no way to edit the record for prior injury to a bicyclist or pedestrian that required hospitalization. Even if the language was amended to assess a conviction for causing injury to bicyclist or pedestrian DOR still wouldn't know if the person were hospitalized.



The driver's bureau does not feel a notable volume of these convictions would be received and could absorb the additional work in already existing conviction and points processing areas. However, the Missouri Driver License System (MODL) could require modifications in order to affect an action that is required under this legislation. This could require 720 total overtime hours.



FY 04 Cost

Programming (720 hours) ($16,560)







ASSUMPTION (continued)



Commercial Vehicle: Officials with DOR assume the change in the definition of gross vehicle weight rating could change the requirements for a commercial driver's license. Special restrictions that the DOR currently issues to operators of commercial motor vehicles with a manufacturer's rating under 26,001 would no longer be required to obtain a commercial driver license if the registered weight exceeds 26,001 pounds. This could decrease the number of commercial drivers license issued annually. Oversight assumes that this decrease would be an annual loss.



DOR further assumes there could be cost for overtime hours to program the existing system and incorporate the new requirements. There could also be cost to test the system once the changes are made to the program. DOR states that these testing protocols are a necessary part of changing the system.



FY 04 Income loss and cost

Fewer commercial license issued ($2,120)

Programming (100 overtime hours) ($2,500)

Testing (480 overtime hours) ($9,600)

Total ($14,220)



FY 05 Income loss

Fewer commercial license issued ($2,120)



FY 06 Income loss

Fewer commercial license issued ($2,120)



Technical changes: These changes could eliminate the notary requirement from the AIR, allow DOR final decisions to be mailed first class and allow a hearing to be granted without surrendering a license. Officials with DOR assume they could save on personal services and postage.



FY 04, 05 and 06 Cost Savings

Personal services $9,290

Postage $35,470









ASSUMPTION (continued)



Trucks in left hand lane and reduced speed: This section could prohibit certain trucks from being driven in the far left-hand lane on interstate highways, freeways or expressway in the urban areas of this state. This section could also reduce the allowable truck speed by five MPH. Officials with MoDOT assume they could be required to install 950 new signs.



Officials with CTS assume that depending on the degree of enforcement, there could be an increase in the number of cases filed for trucks traveling over the proposed speed limit. CTS do not anticipate this increase to significantly impact their budget however, there could be an increase in the amount realized from fines.



FY 04, 05 and 06- Income

Fines from non compliant vehicles Unknown



FY 04-Cost

950 new signs at $453 each $430,350



Low Speed Vehicles: This section could allow owners to operate their low speed vehicle on the highways of this state. DOR could incur costs for procedures modifications and the additional cost to title and register these vehicles that are not currently being titled and registered. DOR assumes it could require an unknown number of FTE and associated expenses. Oversight futher assumes that a registration fee would be collected and that DOR could absorb the additional workload.



DOR could also incur programming costs to modify the General Registration System (GRS), Uniformed Field Office System (UFOS), renewal pull application system, Missouri On-Line Registration Exchange (MORE) and the Field Automated System for Titling and Registration (FASTR). Modifications of these systems will have to be made to allow for these types of vehicles to be titled and registered. These types of vehicles do not always contain the same information and information formatting as normal motor vehicles. The cost incurred for these modifications is unknown but is anticipated to be less than $20,000.



FY 04-Income and Cost

License fees for Low Speed Unknown

Plates and Tabs (Unknown)

Programming (Unknown)



FY 05 and 06 Income

License fees for Low Speed Unknown



ASSUMPTION (continued)



School Speed Zones: MoDOT assumes this section could require their agency to install and maintain the school speed limit assemblies at every school zone in the state system. MoDOT's current policy includes a standard school zone speed limit assembly. A sign log program was used to identify the number of school zones adjacent to state maintained roads. There are 1,639 signs identified, 39 of which are speed limit assemblies, leaving 1,600 new assemblies needed to meet the requirements of this legislation.



Oversight assumes there could be some cost saving to local districts for reduced maintenance and upkeep of their school zone signs.



FY 04-Cost and Savings

School zone signs (1,600 assemblies *$5,000) ($8,000,000)

Electrical cost ($192,000)

Local District sign maintenance Unknown



FY 05, 06-Cost

Electrical cost ($192,000)

Local District sign maintenance Unknown



Water Safety card: Officials with DPS - Missouri State Water Patrol (MWP) assume this section of the proposal could require a boating safety card to be issued. The MWP estimates that the number of students to complete and pass the course and request a permit in the 1st year would be around 30,000. The 2nd year is estimated at 20,000 and the 3rd year and each year thereafter to be around 15,000. The MWP estimates that even though this substitute adds an effective date of January 1, 2005, there will still be roughly 30,000 permits issued in the first fiscal year since the MWP may issue the cards prior to January 1, 2005 and also since the second six months of FY 2005 (January through June) would be considered the pre-boating season where youths will be getting ready for the boating season. The MWP estimates a charge of $15 for the permanent boating safety identification card to cover the costs of the program and the I.D. cards.



The MWP assumes the need for one Water Patrol Sergeant and associated expenses to administer the education program beginning in FY 2005. The additional FTE could be needed for the entire FY 2005 to set up and establish the program. The cost to produce, mail and print the education materials for the Mandatory Boating Education Program is estimated to be $4 per card. MWP further assumes that the revenue for permanent boating safety identification card that would be received for the successful completion of the Boating Safety course would not be realized until after the Mandatory Boating Education Program was established.



ASSUMPTION (continued)



Oversight assumes MWP may charge a fee for the card that does not substantially exceed the costs of administrating this section. According to DOR 2000 Comprehensive Annual Financial Report, the DOR processed 119,405 water craft registrations in 2002, 113,504 in 1999 and 116,500 in 1998. This was based on a 3-year renewal, so the assumption is made that there are actually 349,409 marine vessels currently registered in Missouri. In a fiscal note for similar legislation in a previous year, Oversight utilized the number of boat registrations to estimate the number of persons that would be issued the identification card each year. This year, however, Oversight has received the estimate by MWP regarding the number of possible applicants (30,000 initially, 20,000 in the second year and 15,000 each year thereafter), and have utilized these estimates.



Oversight will utilize the estimate of $4.00 per card to produce, mail and print the education materials and a fee of $10.00 charged to each licensee. Since the application is a one-time occurrence with no renewal, Oversight assumes the volume of cards issued will decrease in subsequent years. For purposes of this fiscal note, in order to cover costs in the third and subsequent years (not reflected in the fiscal note), Oversight assumes fee revenue to MWP based on $10.00 per card issued.



FY 05 Income and Cost

ID Production Cost ($4 each) ($120,000)

Fees Collected ($10 each) $300,000

Personal Services ($112,042)

Net Total $67,958



FY 06 Income and Cost

ID Production Cost ($4 each) ($80,000)

Fees Collected ($10 each) $200,000

Personal Services ($76,953)

Net Total $43,047



Oversight assumes if volumes are not as anticipated or if production costs vary significantly, the MWP would adjust fee charged for the card accordingly.













ASSUMPTION (continued)



Country Road speed limits: This act caps the speed limits established by County Commissions in 2nd, 3rd, and 4th Class Counties to 45 miles per hour. The requirement for posting speed limit signs shall only apply to roads which have a speed limit of less than 45 miles per hour. This portion of the act is similar to SCS/SB 227 (2003). From similar legislation, officials with the Johnson County Commission assume there would be a savings to the county for the cost of signs.



To implement portions of this proposal, DOR could require additional funds. In the past, the programs included in this legislation have been paid for with highway funds. This

year, however, highway funds may not be available for this purpose as a result of legislation enacted by the General Assembly in 2000 that limits the use of highway funds.



This limitation is found in Section 226.200.3, RSMo. It places a cap on the highway funding available to state departments other than the Department of Transportation. The total amount of highway funds appropriated to these other state departments (including the DOR) cannot exceed the total amount of their fiscal year 2001 highway appropriations. This cap limits the highway funds that will be available for the implementation of this legislation.



From similar legislation the officials with the Office of Secretary of State (SOS) assume there would be costs due to additional publishing duties related to the promulgating rules, regulations, and forms. SOS estimates the cost for a page in the Code of State Regulations is $27.00 and the Missouri Register is $23.00 per page. Costs due to this proposal would be dependent upon the actual rule-making authority and may be more or less. Financial impact in subsequent fiscal years would depend entirely on the number, length, and frequency of the rules filed, amended, rescinded, or withdrawn.



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.



There could be an increase in state revenue from fee collections for boat safety, fines for non compliant vehicles and registration of Low Speed vehicles. There could also be a reduction in revenue from fewer commercial vehicle licenses issued.











FISCAL IMPACT - State Government FY 2004

(10 Mo.)

FY 2005 FY 2006
GENERAL REVENUE FUND
Income - Missouri Water Patrol (MWP)
I.D. Fees $0 $300,000 $200,000
Cost - Missouri Water Patrol (MWP)
Personal Service (1 FTE) $0 ($47,442) ($48,628)
Fringe Benefits $0 ($19,200) ($19,680)
Expense and Equipment $0 ($45,400) ($8,645)
I.D. Production & class materials $0 ($120,000) ($80,000)
Total Costs - MWP $0 ($232,042) ($156,953)
Cost Avoidance
State School Money Fund* Unknown Unknown Unknown
ESTIMATED NET EFFECT ON GENERAL REVENUE FUND $0 to

Unknown

$67,958 to Unknown $43,047 to Unknown
*The potential increase in fine collection would depend on compliance and enforcement.
STATE SCHOOL MONEY FUND
Income (Loss)
General Revenue* (Unknown) (Unknown) (Unknown)
Cost Avoidance
Local School Districts* Unknown Unknown Unknown
NET ESTIMATE EFFECT ON STATE SCHOOL MONEY FUND



$0


$0


$0
*The potential increase in fine collection would depend on compliance and enforcement.












FISCAL IMPACT - State Government FY 2004

(10 Mo.)

FY 2005 FY 2006
HIGHWAY FUND
Income (Loss)-Department of Revenue
Low Speed Vehicle registration** Unknown Unknown Unknown
Commercial license ($2,120) ($2,120) ($2,120)
Total Income (Loss)- DOR ($2,120) to Unknown ($2,120) to Unknown ($2,120) to Unknown
Savings -Department of Revenue
Personal Services $9,290 $9,290 $9,290
Postage $35,470 $35,470 $35,470
Total Savings- DOR $44,760 $44,760 $44,760
Cost-Department of Revenue
Programming and Testing** ($28,660 to Unknown)



$0


$0
Plates and Tabs** (Unknown) $0 $0
Total Cost- DOR (Unknown) (Unknown) (Unknown)
Cost-Department of Transportation
Highway signs ($430,350) $0 $0
School zone signs ($8,000,000) $0 $0
Electricity cost ($192,000) ($192,000) ($192,000)
Total Cost- MoDOT ($8,622,350) $0 $0
ESTIMATED NET EFFECT ON HIGHWAY FUND ($8,608,370 to Unknown) ($149,360 to Unknown) ($149,360 to Unknown)

**Unknown income and associated cost for Low Speed vehicles are not expected to exceed $100,000.

















FISCAL IMPACT - Local Government FY 2004

(10 Mo.)

FY 2005 FY 2006
VARIOUS LOCAL FUNDS
Income- School Districts
Fine collections* Unknown Unknown Unknown
Savings- Local Districts
School zone signs** Unknown Unknown Unknown
ESTIMATED NET EFFECT ON LOCAL FUNDS



Unknown


Unknown


Unknown

*The potential increase in fine collection for reduced truck speed would depend on compliance and enforcement.

**Unknown savings for school zone sign maintenance could exceed $100,000.



FISCAL IMPACT - Small Business



Small businesses which rely on commercial vehicles for transportation could have an increase in cost due to reduced speed on certain highways.



Small business could have a reduced cost for commercial vehicle licensing due to the change in the definition of vehicle weights.



Vehicle rental companies could see an increase in cost due having to inform customers of the child restraint requirements and providing an appropriate seat for rent.



DESCRIPTION



This proposal would enact various measures relating to transportation safety.



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 Revenue

Department of Transportation

Department of Public Safety

Jefferson County

Office of State Courts

Secretary of State















Mickey Wilson, CPA

Director

March 30, 2003