COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. NO.: 3170-04

BILL NO.: Perfected SCS for SB 756

SUBJECT: Department of Agriculture; Animal Care Facilities Act

TYPE: Original

DATE: February 22, 2000




FISCAL SUMMARY



ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 2001 FY 2002 FY 2003
Animal Care Reserve Fund $35,023 to

Unknown

$35,023 to

Unknown

$35,023 to

Unknown

General Revenue Fund (Unknown) (Unknown) (Unknown)
Total Estimated

Net Effect on All

State Funds

$35,023 to

Unknown*

$35,023 to

Unknown*

$35,023 to Unknown*

*Unknown because this does not include contributions received as they are undeterminable

ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 2001 FY 2002 FY 2003
None $0 $0 $0
Total Estimated

Net Effect on All

Federal Funds

$0 $0 $0



ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 2001 FY 2002 FY 2003
Local Government $0 $0 $0

Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 4 pages.



FISCAL ANALYSIS



ASSUMPTION



Officials from the Office of Administration - Division of Budget and Planning assume they would not be administratively impacted by this proposed legislation. However, they did indicate that there would be impact on total state revenue.



Officials from the Department of Agriculture assume that the primary fiscal impact of this section of the proposed legislation is the "per animal" fee charges, that would affect only a few licensee categories: commercial breeders, contract kennels, pet shops and dealers. Under the proposed legislation the fee per animal sold or given away would be $1. One of these categories currently pays only $0.50 per animal sold or given away (commercial breeders) and another category pays only $0.10 per animal (contract kennels). Raising the fee per animal along with the total maximum fee allowable could provide an estimated $56,400 additional funds, based upon known numbers of animals sold or given away by commercial breeders in 1999. The remaining two categories currently pay $1 per animal (pet shops and dealers). Therefore, extension of the maximum fee allowable from $500 to $1,000 could provide an estimated $8,000 in additional funds, based upon known numbers of animals sold or given away by dealers and pet shops. This would make the total fiscal increase for these four categories $64,400.



Because the proposed legislation specifies this one dollar charge per animal sold or given away, it essentially eliminates a currently charged "per animal" fee for four other licensee categories, which would decrease current fund revenue by approximately $29,377 (e.g., boarding kennels, training kennels, pet sitters, commercial kennels, exhibitions, etc. do not sell or give away animals).



Therefore, under these gain/loss scenarios, the Animal Care Reserve Fund could receive an additional $35,023 annually. A summary of this is as follows:

$ 64,400 increase

($29,377) decrease

Total Net Fiscal Increase to Fund = $ 35,023



Other provisions in the proposed legislation allow the Animal Care Reserve Fund to receive "...gifts, grants, contributions, appropriations, and funds or benefits from any other source or sources" and for the state treasurer to invest any portion of the fund not immediately needed as provided by the constitution and laws of the state. There is no way to determine whether such revenues would be realized, nor can their amounts be estimated.







ASSUMPTION (continued)



Since the majority of revenue is generated into the fund during a 3-month period each year (January, February and March), it seems that a portion of the fund could be invested in short-term options each fiscal year. However, the additional revenue to the fund from such investments would entirely depend upon current interest rates at the time of investment. Therefore, that potential revenue is not included in this fiscal estimate.



Oversight assumes that in the proposed legislation the AGR is allowed to assess an administrative penalty for violations. This proposal allows the penalties collected to be credited to the Animal Care Reserve Fund instead of to the General Revenue Fund. Oversight assumes the effect of this change is unknown.



Additionally, Oversight assumes that approximately forty percent of the costs to administer this program are already being expended from the General Revenue Fund (per a program evaluation conducted by Oversight staff). Therefore, this new language does not affect fund balances for the purpose of this fiscal note.





FISCAL IMPACT - State Government FY 2001

(10 Mo.)

FY 2002 FY 2003
ANIMAL CARE RESERVE FUND
Income - Department of Agriculture
Fees $64,400 $64,400 $64,400
Contributions Unknown Unknown Unknown
Penalties Assessed Unknown Unknown Unknown
Loss - Department of Agriculture
Fees ($29,377) ($29,377) ($29,377)
Estimated Net Effect on
ANIMAL CARE RESERVE FUND $35,023

to

Unknown

$35,023

to

Unknown

$35,023

to

Unknown

GENERAL REVENUE FUND
Loss - Department of Agriculture
Penalties Assessed (Unknown) (Unknown) (Unknown)





FISCAL IMPACT - Local Government FY 2001

(10 Mo.)

FY 2002 FY 2003
$0 $0 $0





FISCAL IMPACT - Small Business



Oversight assumes that those businesses involved in the companion animal industry would be impacted by this proposed legislation.



DESCRIPTION



Current law provides a license fee of between $100 and $500 for animal care facilities and exempts pounds, dog pounds, and animal shelters from license fees. This act provides

that the per animal fee, in addition to the $100 minimum, will not exceed $1. The total annual cost of the license shall not exceed $1,000.



This act also directs the payment of administrative penalties for violations to the Animal Care Reserve Fund instead of General Revenue. Moneys in the Animal Care Reserve Fund must

be invested by the State Treasurer and any interest earned shall remain with the fund.

This legislation is not federally mandated and would not require additional capital improvements or rental space, but could duplicate an existing program. AGR noted that the USDA REAC administers a similar program on a federal level. Both state and federal programs exist in many states, including Missouri.



SOURCES OF INFORMATION



Department of Agriculture

Office of Administration - Budget and Planning









Jeanne Jarrett, CPA

Director

February 22, 2000