COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. No.: 1345-01

Bill No.: SB 408

Subject: Corrections Department; Boards, Commissions, Committees, Councils; Prisons and Jails; Public Safety Department.

Type: Original

Date: March 3, 2003




FISCAL SUMMARY



ESTIMATED NET EFFECT ON GENERAL REVENUE FUND
FUND AFFECTED FY 2004 FY 2005 FY 2006
General Revenue $45,281 to (Unknown) $82,528 to (Unknown) $77,624 to (Unknown)
Total Estimated

Net Effect on

General Revenue

Fund *

$45,281 to (UNKNOWN) $82,528 to (UNKNOWN) $77,624 to (UNKNOWN)

* Net fiscal impact could exceed ($100,000)

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 Office of Administration - Divisions of Accounting and Budget and Planning, as well as the Department of Higher Education each assume this proposal would not fiscally impact their respective agencies.



Officials from the Department of Corrections (DOC) stated the MoCOTS commission would be administered by the Department of Public Safety (DPS) and that specific DOC staff would be members of the commission. DOC assumed reimbursement for expenses related to meetings, etc. would be borne by DPS.



The DOC states that funding will be provided for the commission by contributions as per the guidelines within the bill. Until a fund is established pursuant to this commission, monies collected (assumably by DPS) would revert to the state's General Revenue Fund and would not be available for expenditure by the commission without further legislative action. It is unclear whether or not the annual contribution referred to would be mandatory or voluntary and whether all DOC staff would pay it or only Corrections Officers (COs).



ASSUMPTION (continued)



DOC states the proposal, upon implementation as law, grandfathers in the existing COs employed by the DOC as certified corrections officers (CCOs) and thusly recognizes they have adequate basic and ongoing training as currently provided by the DOC. Section 2. states that COs hired after July 1, 2003 will become CCOs only upon completion of the standards set forth by the MoCOTS commission. This proposal is unclear as to which agency shall actually conduct the proposed CCO training that the MoCOTS commission is to establish. It is unknown what standards will be set forth by the commission and how existing DOC training may differ from current curriculum if indeed the DOC is the designated agency providing this training. It is unknown what training programs, developments or enhancements could possibly be required and what their costs may be.



In summary, the DOC is unable to estimate the potential fiscal impact that passage of this bill may have on it as an agency. The fiscal impact therefore is "unknown".



Officials from the Department of Public Safety (DPS) state this legislation creates the Missouri Corrections Officers Training and Standards Commission and establishes a certification program for corrections officers. DPS is to house the program and assumes that it is to be set up like POST (Peace Officer Standards and Training). Therefore, DPS assumes they would be responsible for administering the program and certifying training facilities around the state to actually conduct the training for Department of Corrections employees. DPS assumes the need for the same number of FTE to get started as needed by POST. DPS also assumes the members of the commission shall not be compensated but DPS assumes that their expense would be covered.



DPS assumes the need for one Program Manager (at $51,188 per year) who would be responsible for overall administration of the MoCOTS and the employees; one Professional Registration Licensing Supervisor (at $31,380 annually) who would be responsible for the certification process of officers; one Clerk IV (at $26,460 annually) to assist in clerical duties; and one Clerk III (at $23,184 per year) to assist in the process of certification requirements and clerical duties.



DPS assumes revenue being generated by this proposal of $297,325 per fiscal year, which is 11,893 DOC employees x $25 each. In summary, DPS assumes a cost of $290,785 in FY 2004, and roughly $260,000 per year thereafter, which includes the salary and fringe benefits for the four FTE as well as a vehicle and rental/renovation expense to house the new FTE. With the offsetting revenue estimate of $297,325 per year, DPS assumes a net fiscal impact of positive $6,540 in FY 2004, $35,530 in FY 2005 and $30,626 in FY 2006.



ASSUMPTION (continued)



Oversight assumes the FTE would be housed within existing facilities, therefore, no additional rent, renovation, janitorial, offsite computer connection and utility expenses would be incurred.



With an unknown cost to the Department of Corrections associated with this proposal for expenses related to the Corrections Officer training, Oversight has ranged the fiscal note from the net effect of the $25 charged to each member of the Department of Corrections against the Department of Public Safety estimated expenses, to the unknown costs estimated by the Department of Corrections. Oversight assumes the unknown costs of DOC could well exceed $100,000.



This proposal could increase Total State Revenues.





FISCAL IMPACT - State Government FY 2004 FY 2005 FY 2006
GENERAL REVENUE
Income - Department of Corrections (DOC) $297,325 $297,325 $297,325
$25 fee per DOC employee
Costs - Department of Public Safety (DPS)
Personal Service (4 FTE) ($136,235) ($139,641) ($143,132)
Fringe Benefits ($55,134) ($56,513) ($57,926)
Expense and Equipment ($60,675) ($18,643) ($18,643)
Total Costs - DPS ($252,044) ($214,797) ($219,701)
Costs - Department of Corrections (DOC)
Training (Unknown) (Unknown) (Unknown)
ESTIMATED NET EFFECT TO THE GENERAL REVENUE FUND $45,281 to (Unknown) $82,528 to (Unknown) $77,624 to (Unknown)










FISCAL IMPACT - Local Government FY 2004 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 establishes the Missouri Corrections Officers Training and Standards Commission (MoCOTS). The purpose of this commission is to design, establish, regulate and maintain a Correction Officers Certification Program and to advise the Director concerning the duties of officers.



This Commission is composed of six members appointed by the governor with the advice and consent of the Senate. The terms are staggered and the commission does not receive compensation for service.



Corrections officers employed on or before July 1, 2003, are automatically designated MoCOTS certified without additional training.



This proposal contains 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 Corrections

Department of Public Safety

Department of Higher Education

Office of Administration

Division of Accounting

Budget and Planning













Mickey Wilson, CPA

Director

March 3, 2003