COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. No.: 3156-01

Bill No.: SB 992

Subject: Crimes and Punishment; Drugs and Controlled Substances

Type: Original

Date: February 3, 2004

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FISCAL SUMMARY

ESTIMATED NET EFFECT ON GENERAL REVENUE FUND
FUND AFFECTED	FY 2005	FY 2006	FY 2007
Total Estimated Net Effect on General Revenue Fund	$0	$0	$0

ESTIMATED NET EFFECT ON OTHER STATE FUNDS
FUND AFFECTED	FY 2005	FY 2006	FY 2007
Total Estimated Net Effect on Other State Funds	$0	$0	$0

Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 5 pages.

ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED	FY 2005	FY 2006	FY 2007
Total Estimated Net Effect on All Federal Funds	$0	$0	$0

ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED	FY 2005	FY 2006	FY 2007
Local Government	$0	$0	$0

FISCAL ANALYSIS

ASSUMPTION

Officials from the Department of Natural Resources, Department of Public Safety

- Missouri State Highway Patrol and the Office of State Public Defender assume the proposed legislation would have no fiscal impact on their agency.

Officials from the Office of State Courts Administrator assume the proposed legislation would have no fiscal impact on the courts.

Officials from the Office of Prosecution Services assume the proposed legislation would have no fiscal impact on prosecutors.

Officials from the Department of Transportation (MoDOT) assume the fiscal impact is unknown because the legislation may be interpreted to be a violation of USDOT regulations which could cause a loss of federal funds. MoDOT assumes the loss of federal funds to be $0 to Unknown per fiscal year.

Oversight assumes the loss of federal funds is prospective and dependent on future events, and has excluded these losses from the estimate of fiscal impact.

ASSUMPTION (continued)

Officials from the Department of Corrections (DOC) assume this proposal changes the definition of containers approved for transporting anhydrous ammonia. Penalty provisions, the component of the bill to have potential fiscal impact for DOC, remain at a class D felony.

Currently, the DOC cannot predict the number of new commitments which may result from the enhancement of the offense(s) outlined in this proposal. An increase in commitments depends on the utilization by prosecutors and the actual sentences imposed by the court.

If additional persons are sentenced to the custody of the DOC due to the provisions of this legislation, the DOC will incur a corresponding increase in operational cost either through incarceration (FY03 average of $38.10 per inmate per day, or an annual cost of $13,907 per inmate) or through supervision provided by the Board of Probation and Parole (FY03 average of $3.15 per offender, per day or an annual cost of $1,150 per offender).

The DOC does not anticipate the need for capital improvements at this time. It must be noted that the cumulative effect of various new legislation, if passed into law, could result in the need for additional capital improvements funding if the total number of new offenders exceeds current planned capacity.

The following factors contribute to DOC's minimal assumption:

• DOC assumes the narrow scope of the crime will not encompass a large number of offenders;



• The low felony status of the crime enhances the possibility of plea-bargaining or imposition of a probation sentence; and



• The probability exists that offenders would be charged with a similar but more serious offense or that sentences may run concurrent to one another.

In summary, supervision by the DOC through probation or incarceration would result in some additional costs, but DOC assumes the impact would be $0 or a minimal amount that could be absorbed within existing resources.

Officials from the Department of Agriculture did not respond to Oversight's request for fiscal impact.

FISCAL IMPACT - State Government	FY 2005 (10 Mo.)	FY 2006	FY 2007
	$0	$0	$0

FISCAL IMPACT - Local Government	FY 2005 (10 Mo.)	FY 2006	FY 2007
	$0	$0	$0

FISCAL IMPACT - Small Business

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

DESCRIPTION

The proposed legislation would change the definition of containers approved for transporting anhydrous ammonia to include any container approved in accordance with the provisions of the American National Standard for the Storage and Handling of Anhydrous Ammonia, K61.1, as amended.

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

Office of State Courts Administrator

Department of Transportation

Department of Natural Resources

Department of Corrections

Department of Public Safety

- Missouri State Highway Patrol

Office of Prosecution Services

Office of State Public Defender

NOT RESPONDING

Department of Agriculture

Mickey Wilson, CPA

Director

February 3, 2004