COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. No.: 3159-06

Bill No.: SCS for SB 647

Subject: Motor Vehicles; Public Safety Department; Children and Minors.

Type: Original

Date: February 26, 2002




FISCAL SUMMARY



ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 2003 FY 2004 FY 2005
None
Total Estimated

Net Effect on All

State Funds

$0 $0 $0



ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 2003 FY 2004 FY 2005
None
Total Estimated

Net Effect on All

Federal Funds

$0 $0 $0



ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 2003 FY 2004 FY 2005
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 the State Courts Administrator (CTS) state the proposal would amend various provisions regarding the use of child restraint systems in motor vehicles. CTS states that while there may be a number of violations, they would not expect the number to significantly increase the workload of the courts, and after a period of adjustment, would expect substantial compliance to reduce the initial number of violations.



Oversight assumes any additional costs to CTS would be minimal and could be absorbed from existing resources.



Officials from the Office of Secretary of State (SOS) assume there would be costs due to

additional publishing duties related to the Department of Public Safety's authority to promulgate

rules, regulations, and forms. SOS estimates the division could require approximately 12 new pages of regulations in the Code of State Regulations at a cost of $27.00 per page, and 18 new pages in the Missouri Register at a cost of $23.00 per page. Costs due to this proposal are estimated to be $615, however, the actual fiscal impact would be dependent upon the actual rule-making authority and may be more or less. Financial impact in subsequent fiscal years would depend entirely on the number, length, and frequency of the rules filed, amended, rescinded, or withdrawn. SOS does not anticipate the need for additional staff as a result of this proposal; however, the enactment of more than one similar proposal may, in the aggregate, necessitate additional staff.



Oversight assumes the SOS could absorb the costs of printing and distributing regulations related to this proposal. If multiple bills pass which require the printing and distribution of regulations at substantial costs, the SOS could request funding through the appropriation process. Any decisions to raise fees to defray costs would likely be made in subsequent fiscal years.



Officials from the Department of Transportation, Department of Revenue, Office of the State Public Defender, Office of Prosecution Services and the Department of Public Safety - Missouri Highway Patrol and Highway Safety each assume the proposal would not fiscally impact their respective agencies.





FISCAL IMPACT - State Government FY 2003

(6 Mo.)

FY 2004 FY 2005
$0 $0 $0



FISCAL IMPACT - Local Government FY 2003

(6 Mo.)

FY 2004 FY 2005
$0 $0 $0



FISCAL IMPACT - Small Business



Car rental agencies doing business in Missouri would be required to inform customers of the new requirements set forth in this proposal as well as provide a child passenger safety restraint system(s) for rental.





DESCRIPTION



This proposal revises the law regarding seat belt usage and child restraint systems.



USE OF CHILD PASSENGER RESTRAINT SYSTEM/BOOSTER SEAT - This proposal requires children less than 4 years old, regardless of weight, or children weighing less than 40 pounds, regardless of age, to use an appropriate child passenger restraint system. The proposal requires children at least 4 years of age but less than 8 years of age or who weigh 40 pounds to 80 pounds to be secured in a child passenger restraint system or a child booster seat. Children 8 years of age or older, or children who are at least 80 pounds, must use a safety belt.



WAIVER OF PENALTY - A person may escape the $25 penalty by demonstrating that the person obtained a child safety seat prior to or at his or her hearing which is satisfactory to the court or the party

responsible for prosecuting the violator's citation.



RENTAL AGENCIES - The proposal requires car rental agencies doing business in Missouri to inform customers of the requirements of Section 210.104 and to provide an appropriate child passenger safety restraint system for rental.



SEAT BELT REQUIREMENTS - If there are more persons than there are seat belts in the car, then the passengers must sit in the area behind the front seat unless the vehicle is designed only for a front-seated area.



This act has an effective date of January 1, 2003.



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 Revenue

Department of Transportation

Department of Public Safety

Missouri Highway Patrol

Division of Highway Safety

Office of the State Courts Administrator

Office of Prosecution Services

Office of the State Public Defender

Office of the Secretary of State











Mickey Wilson, CPA

Acting Director

February 26, 2002