COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. No.: 4032-02

Bill No.: SB 1186

Subject: Motor Vehicles; Revenue Dept.; Licenses - Professional; Consumer Protection

Type: Original

Date: March 1, 2004




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
Motor Vehicle Commission ($3,195) $0 $0
Total Estimated

Net Effect on Other

State Funds

($3,195) $0 $0



Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 4 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 with the Department of Public Safety - Missouri State Highway Patrol, Department of Corrections, and Office of State Courts Administrator assume this proposal would have no fiscal impact on their agencies.



Officials with the Department of Revenue (DOR) assume this proposal could have fiscal impact on their agency. Because this proposal mandates that automobile dealers provide to buyers the toll-free number that DOR provides for taking complaints, DOR anticipates a sharp increase in caller volume requiring 920 hours of overtime to process the calls. Oversight assumes that current staffing levels will be sufficient and that if call volumes dramatically increase, DOR could request additional through the appropriations process.



DOR further assumes that under this proposal it will incur costs to ensure that dealers are properly notified of the additional requirements of this act. Costs in FY05 for forms, procedures, envelopes, and postage would total $3,195.



The Attorney General's Office (AGO) assumes this proposal could have fiscal impact on its agency. AGO assumes it would need one-half FTE Assistant Attorney General II to enforce



ASSUMPTION (continued)



civil and criminal penalties for violations of this legislation. Oversight assumes that current staffing levels will be sufficient and that if the volume cases relating to this act becomes substantial, AGO could request additional funds through the appropriations process.



FISCAL IMPACT - State Government FY 2005

(10 Mo.)

FY 2006 FY 2007
Motor Vehicle Commission Fund - Cost to DOR
Procedures, Forms, and Mailing ($3,195) $0 $0





FISCAL IMPACT - Local Government FY 2005

(10 Mo.)

FY 2006 FY 2007
$0 $0 $0



FISCAL IMPACT - Small Business



Automobile dealers selling used cars would incur nominal costs in distributing buyer's guides.





DESCRIPTION



This legislation requires motor vehicle dealers to display buyer's guides with an attached notation of the toll-free hotline for used car buyer complaints. Dealers must receive an signed acknowledgment of receipt of the buyer's guide from all used car buyers and keep such records, allowing DOR to inspect such records. A violation of this act constitutes an unlawful trade practice.



This legislation is federally mandated by Federal Trade Commission in 16 CFR Part 455. This legislation would not duplicate any other program and would not require additional capital improvements or rental space.











SOURCES OF INFORMATION



Department of Revenue

Attorney General's Office

Department of Public Safety - Missouri State Highway Patrol

Department of Corrections

Office of State Courts Administrator









Mickey Wilson, CPA

Director

March 1, 2004