COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. No.: 4849-01

Bill No.: SB 1332

Subject: Law Enforcement Officers and Agencies; Firearms and Fireworks

Type: Original

Date: March 15, 2004




FISCAL SUMMARY



ESTIMATED NET EFFECT ON GENERAL REVENUE FUND
FUND AFFECTED FY 2005 FY 2006 FY 2007
General Revenue $0 or (Up to $4,760,000) $0 or (Up to $5,712,000) $0 or (Up to $5,712,000)
Total Estimated

Net Effect on

General Revenue

Fund







$0 or (Up to $4,760,000)






$0 or (Up to $5,712,000)






$0 or (Up to $5,712,000)


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 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 from the Office of the Attorney General assume any potential costs associated with certifying sheriffs' costs that are not otherwise offset by the application fee can be absorbed.



Officials from the Office of Administration - Division of Budget and Planning (BAP) assume the proposed legislation should not result in additional costs or savings to their Division. However, BAP assumes there are potential costs to General Revenue:



If the court decides the County Sheriff Revolving Fund fees qualify as state funding and are constitutional user fees, the state could have to finance the costs for counties whose administrative costs are beyond the collected $100 local fee. These potential costs are $0 to Unknown.



If the court decides the County Sheriff Revolving Fund fees to not qualify as state funds, the state will have to fully finance costs to implement the conceal and carry act through an appropriation from general revenue or risk that the act be held unconstitutional. Under this scenario, the estimated cost to the state for a full year is $5,712,000 (84,000 applications per year x $68 cost per application).



ASSUMPTION (continued)



Officials from the Boone County Sheriff's Office, Boone County Treasurer's Office, Clark County Sheriff's Office, Greene County Sheriff's Office, and St. Louis County Police Department did not respond to Oversight's request for fiscal impact.





FISCAL IMPACT - State Government FY 2005

(10 Mo.)

FY 2006 FY 2007
GENERAL REVENUE FUN D
Costs - Office of Administration
Reimbursement of sheriff expenses $0 or (Up to $4,760,000) $0 or (Up to $5,712,000) $0 or (Up to $5,712,000)
ESTIMATED NET EFFECT ON GENERAL REVENUE FUND



$0 or (Up to $4,760,000)


$0 or (Up to $5,712,000)


$0 or (Up to $5,712,000)




FISCAL IMPACT - Local Government FY 2005

(10 Mo.)

FY 2006 FY 2007
POLITICAL SUBDIVISIONS
Revenues - County Sheriffs
Reimbursement of expenses $0 or Up to $4,760,000 $0 or Up to $5,712,000 $0 or Up to $5,712,000
Costs - County Sheriffs
Application processing $0 or (Up to $4,760,000) $0 or (Up to $4,760,000) $0 or (Up to $4,760,000)
ESTIMATED NET EFFECT ON POLITICAL SUBDIVISIONS



$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 authorize the sheriff of every county to pay costs and expenses for activities related to the issuing of concealed carry endorsements from the sheriff's revolving fund. The application and renewal fees would be based on the sheriff's estimate of the actual costs and expenses incurred. If the maximum fee is inadequate to cover the actual expenses in a year and there are insufficient funds in the revolving fund, a sheriff could present specific and verified evidence of the unreimbursed expenses to the Office of Administration which, upon certification by the Attorney General, would reimburse such sheriff for those expenses.



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 the Attorney General

Office of Administration

- Division of Budget and Planning





NOT RESPONDING



Boone County Sheriff's Office

Boone County Treasurer's Office

Clark County Sheriff's Office

Greene County Sheriff's Office

St. Louis County Police Department











Mickey Wilson, CPA

Director

March 15, 2004