COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. NO. 4306-02

BILL NO. SB 1037

SUBJECT: Automated Photo-Traffic Enforcement Program

TYPE: Original

DATE: February 25, 2002




FISCAL SUMMARY


ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 2003 FY 2004 FY 2005
State Schools Money Fund $0 $0 $0
Highway ($8,965) ($10,764) ($10,764)
Total Estimated

Net Effect on All

State Funds

($8,965) ($10,764) ($10,764)



ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 2003 FY 2004 FY 2005
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 School Districts $0 to Unknown $0 to Unknown $0 to Unknown
Municipal Court Systems $0 $0 $0
Total Estimated Net Effect on Local Funds $0 to Unknown $0 to Unknown $0 to Unknown

Numbers within parentheses: ( ) indicate costs or losses

This fiscal note contains 6 pages.

FISCAL ANALYSIS



ASSUMPTION



Officials of the Department of Public Safety- Missouri Highway Patrol assume no fiscal impact from this proposal.



Officials of the Office of Prosecution Services assumes if this proposal encourages more municipal violations, and if the status quo of how traffic violations are handled, there would be no fiscal impact.



Officials of the Department of Revenue - Driver and Vehicle Services Bureau assume that 10 cities or counties would initially adopt ordinances implementing automated traffic enforcement systems. Officials assume that local law enforcement agencies would use their local systems for the initial search in order to determine the appropriate owners of vehicles. Officials assume that approximately 10% of the searches would be done by DOR due to errors in the system. Officials assume there would be 250 citations issued per day of which 10% or 9,125 record searches annually would be done by DOR. Officials assume to process the "no record" searches would require 1,095 hours of overtime. Officials estimated based on the hourly rate of a Clerk Typist II,which is $9.83 that for 10 months of FY 2003 the amount of overtime requested would be $8,965; and estimate overtime for FY 2004 and 2005 at $10,764.



The Office of State Courts Administrator (CTS) assumes that to the extent that an automated system would increase the number of speeders apprehended, there would be an increase in the workload of the courts in counties where an automated system is installed. However, the CTS does not expect the costs to exceed $100,000 in any given year.



Officials of the Cities of Springfield, Sedalia, Poplar Bluff, and West Plains, assume no fiscal impact.







ASSUMPTION (continued)



Officials of the City of Jefferson assume this proposal is enabling legislation, and would have no fiscal impact until the City's governing body would install the automated photo-traffic enforcement system. Officials assume if the system were installed, there would be an increase in traffic fines, and there would be the costs of the traffic system and maintenance of the system. Officials assume that income would exceed cost. Officials could not estimate revenue or costs.

Officials of the following entities submitted responses to similar legislation (Fiscal Note 810-01) of last session:



The City of Independence Police Department estimates, if their city were to implement an automated traffic system, they would realize income of approximately $5,132,814 for systems at 3 intersections. The computations assumed 25 violations per day, and assumed a fine of $75 per violation. The time frame used was for 2.5 years. Officials estimated costs for 3 systems at $1,500,000 annually with maintenance costs of $375,000 for 2.5 years. Officials also stated that their department would realize annual savings in manpower estimated at $112,500. They assume there would be a reduction of 75 crashes annually with a savings of $7,500,000 from injury, property damage, and emergency personnel.



The Cities of Mexico, Springfield, West Plains, St.Charles, and Chesterfield assume that since the language is permissive the cities would incur no costs unless each city opts to implement such a program.



Oversight assumes that given the permissive language of the proposal that any city or county could, by ordinance, establish such a program. Income has been shown to the county and municipal court systems as well as to the State School Moneys Fund because county and municipal systems retain fines if the offense is not a state offense and certain cities with municipal systems retain revenue generated from fines. Income from court costs in addition to the fines has been shown to the municipal court systems to offset the costs of additional filings and trials, resulting in a net fiscal impact of zero to the municipal court systems. However, local school districts would still receive income disbursed from the State School Moneys Fund which would be fine money received from state court cases.



Oversight has prepared this fiscal note to show the fiscal impact should a city or county install an automated traffic system.











FISCAL IMPACT - State Government FY 2003 FY 2004 FY 2005

(10Mo.)

HIGHWAY FUND





Cost to Department of Revenue

from overtime cost for no record

searches. ($8965) ($10,764) ($10,764)





STATE SCHOOL MONEYS FUND



Income

Fines from Photo-Based $0 to $0 to $0 to

Traffic Monitoring Unknown Unknown Unknown



Costs

Disbursement to Local $0 to $0 to $0 to

School Districts (Unknown) (Unknown) (Unknown)



ESTIMATED NET EFFECT ON

STATE SCHOOL MONEYS FUND $0 $0 $0





FISCAL IMPACT - Local Government FY 2003 FY 2004 FY 2005

(10 Mo.)





Income-Local School Districts

Fines from Photo-Based $0 to $0 to $0 to

Traffic Monitoring Unknown Unknown Unknown



Income-County/Municipal Court Systems

Fines from Photo-Based $0 to $0 to $0 to

Traffic Monitoring Unknown Unknown Unknown



Income-County/Municipal Court Systems

Court Costs $0 to $0 to $0 to

Unknown Unknown Unknown



FISCAL IMPACT- State Government (continued)



Costs-County/Municipal Court Systems

Additional filings/trials ** $0 to $0 to $0 to

(Unknown) (Unknown) (Unknown)



Costs

Automated Photo-Traffic Equipment $0 to $0 to $0 to

(Unknown) (Unknown) (Unknown)





ESTIMATED NET EFFECT ON $0 to $0 to $0 to

LOCAL FUNDS* Unknown Unknown Unknown



*Oversight assumes that income would exceed costs.



**Officials of the Office of State Courts Administrator estimated costs not to exceed $100,000 annually on a statewide basis.





FISCAL IMPACT - Small Business



This proposal would not have a direct fiscal impact on small businesses.



DESCRIPTION



This act authorizes any city or county to establish an "automated traffic enforcement program". The program would use photos taken at traffic signals to identify the vehicle used in a violation. The vehicle owner is presumed to be the violator unless the owner makes out an affidavit as to a different operator of the vehicle. The other person specified in the affidavit is then presumed to be the violator. Private vendors may be used to administer the system, including getting the addresses of the vehicle owners and sending out summonses. The violator may dispose of the summons through court appearance or through the mail. The act also prevents point assessment, makes the records confidential, and requires notice of the presence of the automated system. The photos may be used in private civil actions.



This legislation is not federally mandated, would not duplicate any other program, would not require additional capital improvements or rental space and would not impact total state revenue.





SOURCES OF INFORMATION



Department of Revenue

Department of Public Safety

Office of State Courts Administrator

City of Springfield

City of Poplar Bluff

City of Sedalia

City of Chesterfield

City of West Plains

City of Mexico

City of St.Charles

City of Independence



























Mickey Wilson, CPA

Acting Director

February 25, 2002