COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. No.: 4444-01

Bill No.: SB 1090

Subject: Motor Vehicles; Crimes and Punishment

Type: Original

Date: February 15, 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 Department of Transportation and the Department of Public Safety - State Highway Patrol assume the proposed legislation would have no fiscal impact on their agencies.



Officials from the Office of State Courts Administrator assume the proposed legislation would have no fiscal impact on the courts.



Officials from the Office of Prosecution Services assume prosecutors could absorb the costs of the proposed legislation within existing resources.



Officials from the Office of State Public Defender assume existing staff could provide representation for those cases arising where indigent persons were charged with installing fake air bags in automobiles, a class D felony. Passage of more than one bill increasing penalties on existing crimes or creating new crimes would require the State Public Defender System to request increased appropriations to cover the cumulative cost of representing indigent persons accused in the now more serious cases or in the new additional cases.



Officials from the Department of Corrections (DOC) assume they cannot predict the number of new commitments which may result from the creation of the offense(s) outlined in this proposal. An increase in commitments depends on the utilization by prosecutors and the actual sentences imposed by the court.



If additional persons are sentenced to the custody of the DOC due to the provisions of this legislation, the DOC will incur a corresponding increase in operational cost either through incarceration (FY01 average of $35.78 per inmate per day, or an annual cost of $13,060 per inmate) or through supervision provided by the Board of Probation and Parole (FY01 average of $3.34 per offender per day, or an annual cost of $1,219 per offender).



The following factors contribute to DOC's minimal assumption:



ASSUMPTION (continued)



The DOC does not anticipate the need for capital improvements at this time. It must be noted that the cumulative effect of various new legislation, if passed into law, could result in the need for additional capital improvements funding if the total number of new offenders exceeds current planned capacity.



In summary, supervision by the DOC through probation or incarceration would result in some additional costs, but it is assumed the impact would be $0 or a minimal amount that could be absorbed within existing resources.





FISCAL IMPACT - State Government FY 2003

(10 Mo.)

FY 2004 FY 2005
$0 $0 $0



FISCAL IMPACT - Local Government FY 2003

(10 Mo.)

FY 2004 FY 2005
$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 make it illegal to install fake air bags in automobiles. A person convicted of this offense would be guilty of a class D felony, punishable by a $5,000 fine, one year in jail or both.



This legislation is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space. This legislation would not affect Total State Revenue.





SOURCES OF INFORMATION



Office of Prosecution Services

Office of State Courts Administrator

Office of State Public Defender

Department of Transportation

Department of Public Safety

- State Highway Patrol

Department of Corrections













Mickey Wilson, CPA

Acting Director

February 15, 2002