COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.: 4670-03
Bill No.: SB 1202
Subject: Transportation
Type: Original
Date: March 4, 2002
FISCAL SUMMARY
| FUND AFFECTED | FY 2003 | FY 2004 | FY 2005 |
| Highway Fund | $0 | $0 | $0 |
| Total Estimated
Net Effect on All State Funds |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2003 | FY 2004 | FY 2005 |
| Total Estimated
Net Effect on All Federal Funds |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2003 | FY 2004 | FY 2005 |
| Local Government | $0 | $0 | $0 |
Numbers within parentheses: ( ) indicate costs or losses.
This fiscal note contains 5 pages.
ASSUMPTION
Officials of the Secretary of State (SOS) stated that this proposal would establish the Division of Motor Carrier Services in the Department of Transportation and abolish several divisions whose powers would be transferred to the new Division. The Department of Transportation, Department of Economic Development, Department of Revenue, and Department of Natural Resources would promulgate, rescind and move rules to carry out this proposal. Based on experience with other divisions, the rules, regulations and forms issued by the Public Service Commission could require as many as 326 pages in the Code of State Regulations. For any given rule, roughly half again as many pages are published in Missouri Register as in the Code because cost estimates and fiscal notes are not repeated in the Code. The estimated cost of a page in the Missouri Register is $23. The estimated cost of a page in the Code of State Regulations is $27. The estimated cost of publication in FY 2003 for this proposal is $20,049. Actual cost could be more or less and costs in future years would depend upon frequency and length of rules filed, amended, rescinded or withdrawn.
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 of the State Courts Administrator indicated that the proposal would not directly affect state courts. Officials of the Department of Transportation stated that they assumed budgets for transferred agencies would be transferred to their agency and that costs, if any, for physical relocations would become budget decision items.
Officials of the Department of Revenue stated that the proposal should be revenue neutral from their point of view. There would be a one-time savings to their budget because the Highway Reciprocity Commission would be transferred to the Department of Transportation.
Officials of the Department of Natural Resources stated that this proposal would not have any direct fiscal impact on their agency.
The newly created Motor Carrier Services Division of the Department of Transportation would take over the licensing of hazardous waste transporters from the Department of Natural Resources. Hazardous waste license fees would continue to accrue to the Hazardous Waste Fund.
All other Department of Natural Resources functions would remain as under current law.
Officials of the Department of Economic Development's Division of Motor Carriers and Railway Safety stated that the proposal would transfer all existing federal and Highway Fund funded staff to the Department of Transportation, except for the Administrative Law Judge (ALJ) section, ASSUMPTION (continued)
which would be transferred to the Administrative Hearing Commission in the Office of Administration.
Officials note that the ALJ section has three ALJ positions by statute but has only two Administrative Law Judges. They assume the two ALJs and the paralegal would be transferred to the Administrative Hearing Commission. They also assume that the ALJs and paralegal would become a responsibility of the General Revenue Fund. Oversight assumes that existing appropriations will follow personnel. Oversight also assumes that the question of whether the Administrative Hearing Commission would add the third ALJ is a budget question.
They also note that the proposal sets minimum fines for out-of-service orders for both drivers ($1,000) and employers ($2,500) which are different that the current range of fines ($100 to $2,000 per violation). They do not think the differences in amounts of fines assessed and collected would be material.
| FISCAL IMPACT - State Government | FY 2003
(10 Mo.) |
FY 2004 | FY 2005 |
| HIGHWAY FUND | |||
| Saving - Department of Revenue (DOR) | |||
| Personal Service (35 FTE) | $993,732 | $0 | $0 |
| Fringe Benefits | $357,843 | $0 | $0 |
| Expense and Equipment | $581,573 | $0 | $0 |
| Total Savings DOR | $1,933,148 | $0 | $0 |
| Cost - Department of Transportation (DHT) | |||
| Personal Service (35 FTE) | ($993,732) | $0 | $0 |
| Fringe Benefits | ($357,843) | $0 | $0 |
| Expense and Equipment | ($581,573) | $0 | $0 |
| Total Costs DHT | ($1,933,148) | $0 | $0 |
| Saving - Department Economic Development | |||
| Personal Service (3 FTE) | $218,446 | $0 | $0 |
| Fringe Benefits | $78,662 | $0 | $0 |
| Expense and Equipment | $30,213 | $0 | $0 |
| Total Savings Department of Economic Development | $327,321 | $0 | $0 |
| Cost - Office of Administration - Administrative Hearing Commission (AHC) | |||
| Personal Service (3 FTE) | $218,446 | $0 | $0 |
| Fringe Benefits | $78,662 | $0 | $0 |
| Expense and Equipment | $30,213 | $0 | $0 |
| Total Costs AHC | $327,321 | $0 | $0 |
| ESTIMATED NET EFFECT ON HIGHWAY FUND | $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
This proposal would transfer certain agencies and powers to a newly created Motor Carrier Services Unit within the Department of Transportation.
This proposal would implement the Governor's Executive Order 02-03 (February 7, 2002) which will transfer these agencies to the Department of Transportation so that commercial truck drivers can obtain licenses and other services from one Department. The concept is often referred to as a "One-Stop Shop".
The following agencies or powers would be transferred to the Department of Transportation:
1) the Division of Motor Carrier and Railroad Safety within the Department of Economic Development; 2) the Highway Reciprocity Commission within the Department of Revenue; and, 3) the powers of the Department of Natural Resources relating to the issuing of hazardous waste transporter licenses and waste tire hauling permits.
The proposal would reorganize current provisions of law dealing with these powers and transfer them to different chapters. It would also create a new chapter (Chapter 308) to establish the Division of Motor Carrier Services within the Department of Transportation.
This proposal contains an emergency clause and would become effective upon approval or July 1, 2002, whichever later occurs.
DESCRIPTION (continued)
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
Department of Economic Development
Department of Natural Resources
Department of Revenue
Mickey Wilson, CPA
Acting Director
March 5, 2002