COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.: 3471-01
Bill No.: SB 948
Subject: Environmental Protection; Water Patrol.
Type: Original
Date: January 27, 2004
FISCAL SUMMARY
| FUND AFFECTED | FY 2005 | FY 2006 | FY 2007 |
| Total Estimated
Net Effect on General Revenue Fund |
$0 | $0 | $0 |
| 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 4 pages.
| FUND AFFECTED | FY 2005 | FY 2006 | FY 2007 |
| Total Estimated
Net Effect on All Federal Funds |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2005 | FY 2006 | FY 2007 |
| Local Government | $0 | $0 | $0 |
ASSUMPTION
Officials from the Department of Public Safety - State Water Patrol and the Department of Natural Resources each state this proposal would not fiscally impact their respective agencies.
Officials from the Department of Conservation (MDC) state this proposal would have some fiscal impact from participation by conservation agents in enforcement and prosecution, incidental to their other duties.
In response to a similar proposal from a previous session, MDC officials assumed that they could absorb these costs with existing resources; therefore, Oversight assumes that MDC would not be fiscally impacted by this proposal.
Officials from the Office of Prosecution Services state any costs arising from the proposal could be absorbed with existing resources.
Officials from the Office of the State Public Defender (SPD) state that the number of new cases created as a result of this new crime is uncertain, and therefore, assume some fiscal impact from the proposal. However, the SPD assumes that existing staff could provide representation in these cases initially. However, once the true fiscal impact is determined, the SPD will reassess
ASSUMPTION (continued)
the impact of the legislation. Passage of more than one bill increasing penalties on existing crimes or creating new crimes would require the State Public Defender System to request increased appropriations to cover cumulative cost of representing the indigent accused in the now more serious cases or in the new additional cases.
Officials from the Office of the State Courts Administrator (CTS) state the proposal would restrict the presence or use of glassware in canoes and similar watercraft. There is an exemption for medically prescribed containers. The legislation also requires the use of specified containers for foodstuffs and beverages. Each violation may be prosecuted as a separate offense.
CTS states, depending on the degree of enforcement, there could be a significant impact on courts near these waterways, but CTS is unable to make a specific estimate at this time.
In response to a similar proposal from a previous session, CTS officials assumed the proposal would not fiscally impact their agency, therefore, Oversight assumes that CTS would not be fiscally impacted by this proposal.
Officials from the Department of Corrections (DOC) state that currently, they cannot predict the number of new commitments which may result from the creation of the offenses(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, DOC will incur a corresponding increase in operational cost 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).
In summary, supervision by the DOC through probation or incarceration would result in some additional costs, but it is assumed the impact would be $0 or a minimal amount that could be absorbed within existing resources.
| 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
This proposal prohibits glass beverage containers on navigable waterways in Missouri unless the substance is prescribed by a licensed physician. The proposal also requires persons on navigable waterways to secure containers with food and beverages in vessels which are susceptible to swamping or tipping and discharging their contents into a waterway. Persons are required to carry a trash bag and transport their trash for disposal. If the beverage is outside the secured container it must be held in a floating holder or other device designed to prevent the beverage from sinking.
Violations are a Class A misdemeanor and each violation may be prosecuted as a separate offense.
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 Public Safety
Missouri Department of Conservation
Department of Natural Resources
Office of the State Courts Administrator
Office of Prosecution Services
Office of the State Public Defender
Department of Corrections
Mickey Wilson, CPA
Director
January 27, 2004