COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.: 4824-01
Bill No.: SB 1216
Subject: Alcohol; Boats and Watercraft; Crimes and Punishment; Water Patrol.
Type: Original
Date: March 7, 2002
FISCAL SUMMARY
| FUND AFFECTED | FY 2003 | FY 2004 | FY 2005 |
| Mental Health Earnings | $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 4 pages.
ASSUMPTION
In response to similar legislation from this year (HB 1686), officials from the Office of the State Courts Administrator (CTS) stated the proposed legislation would require persons guilty of boating while intoxicated to complete the substance abuse traffic offender program (SATOP).
CTS stated there is a potential for a caseload increase if the water patrol determines that completion of SATOP is a positive step for those convicted, but the increase would not be great and would be confined to those courts near the major waterways and lakes. Some cases may become protracted.
CTS stated, in all, they would not expect a fiscal impact on the judiciary.
In response to similar legislation from this year (HB 1686), officials from the Department of Mental Health (DMH) stated the proposed legislation would increase the number of individuals participating in the SATOP program by adding a new class of offenders, those boating while intoxicated (BWI). Based on the BWI arrests over the last several years there would be approximately 528 more individual participating in the SATOP program annually.
DMH stated that each of the BWI offenders entering the SATOP program would pay the supplemental fee of $60. This fee, less 2% retained by the SATOP provider, is transferred to the Mental Health Earnings Fund (MHEF). This fund is utilized to cover any additional costs to treat BWI offenders in the more intensive and more costly intervention (WIP) and treatment (CIP) programs who cannot pay the cost by themselves.
DMH stated there will not be a net additional program cost to the Mental Health Earnings Fund for the boating while intoxicated (BWI) offenders going through the "Intervention (WIP)" and "Treatment (CIP)" that do not pay the full costs of the program. DMH assumed there will not be a separate curriculum required for the BWI offenders, rather modifications would be made to the existing Substance Abuse Traffic Offender Program (SATOP) curriculum.
In response to similar legislation from this year (HB 1686), officials from the Office of Prosecution Services assumed any costs arising from this proposal could be absorbed by existing resources.
Officials from the Office of the State Public Defender and the Department of Public Safety - Missouri Water Patrol each assume this proposal would not fiscally impact their respective agencies.
ASSUMPTION (continued)
Oversight assumes the additional revenues going into the Mental Health Earnings Fund each year as a result of this proposal would be $31,046 (528 offenders x $60 fee x 98% retained). Oversight also assumes this same amount would be expended out of the fund to cover expenses of the programs not covered by the offenders. Oversight assumes 10/12 of these amounts in the first fiscal year.
This proposal could impact Total State Revenues.
| FISCAL IMPACT - State Government | FY 2003
(10 Mo.) |
FY 2004 | FY 2005 |
| MENTAL HEALTH EARNINGS FUND | |||
| Income - $60 fee charged to assumed 528 new offenders per year | $25,872 | $31,046 | $31,046 |
| Expense - Fee used to cover SATOP program expenses |
($25,872) |
($31,046) |
($31,046) |
| ESTIMATED NET EFFECT TO MENTAL HEALTH EARNINGS 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
Currently, persons who plead guilty or are found guilty of driving while intoxicated and driving with excessive blood alcohol content are required to successfully complete a substance abuse traffic offender program, pay the fees required for the program, and pay a supplemental fee of $60 to the Division of Alcohol and Drug Abuse within the Department of Mental Health. This proposal applies these requirements to persons who plead guilty or who are found guilty of reckless and drunken operation or use of boats or skis, negligent operation of a vessel, and operating a vessel with excessive blood alcohol content.
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 Public Safety
Missouri Water Patrol
Department of Mental Health
Office of the State Courts Administrator
Office of Prosecution Services
Office of the State Public Defender
Mickey Wilson, CPA
Acting Director
March 7, 2002