COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. No.: 0215-03

Bill No.: SB 9

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

Type: Original

Date: January 6, 2003




FISCAL SUMMARY



ESTIMATED NET EFFECT ON GENERAL REVENUE FUND
FUND AFFECTED FY 2004 FY 2005 FY 2006
Total Estimated

Net Effect on

General Revenue

Fund

$0 $0 $0



ESTIMATED NET EFFECT ON OTHER STATE FUNDS
FUND AFFECTED FY 2004 FY 2005 FY 2006
None
Total Estimated

Net Effect on Other

State Funds

$0 $0 $0



Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 5 pages.











ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 2004 FY 2005 FY 2006
None
Total Estimated

Net Effect on All

Federal Funds

$0 $0 $0



ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 2004 FY 2005 FY 2006
Local Government $0 $0 $0




FISCAL ANALYSIS



ASSUMPTION



Officials from the Office of the State Courts Administrator (CTS) state the proposal would amend the statutes relating to 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 6 new pages of regulations in the Code of State Regulations at a cost of $27.00 per page, and 9 new pages in the Missouri Register at a cost of $23.00 per page. Costs due to this proposal are estimated to be $369, however, the actual fiscal impact would be dependent upon the actual rule-making authority and may



ASSUMPTION (continued)



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in subsequent fiscal years would depend entirely on the number, length, and frequency of the rules filed, amended, rescinded, or withdrawn.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, Department of Elementary and Secondary Education, and the Department of Public Safety - Missouri Highway Patrol each assume the proposal would not fiscally impact their respective agencies.



Officials from the Department of Public Safety - Director's Office (DPS - DO) state their agency is to develop informational pamphlets, booklets, etc. concerning the provisions regarding the use of child restraint systems in motor vehicles. The DPS - DO assumes a cost of $12,000 per year for printing and postage of said informational pamphlets.



Officials from the Department of Public Safety - Division of Highway Safety (DPS - DHS) states they will assist in initiating and developing a program of public information to ensure compliance with this legislation. However, DPS - DHS already produces public information materials relevant to child safety seats, therefore, they do not anticipate substantial additional costs.



Oversight assumes the Department of Public Safety could absorb any additional costs relating to producing public information materials associated with this proposal.





FISCAL IMPACT - State Government FY 2004

(6 Mo.)

FY 2005 FY 2006
$0 $0 $0



FISCAL IMPACT - Local Government FY 2004

(6 Mo.)

FY 2005 FY 2006
$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 4 years of age through 6 years of age or who weigh 40 pounds to 65 pounds, or are less than 4 feet, 9 inches tall, to be secured in a child passenger restraint system or a child booster seat. Children 6 years of age or older, or children who are at least 65 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 - This proposal requires car rental agencies doing business in Missouri to inform customers of the requirements 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 proposal has an effective date of January 1, 2004.





DESCRIPTION (continued)



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

Director's Office

Office of the State Courts Administrator

Office of Prosecution Services

Office of the State Public Defender

Office of the Secretary of State

Department of Elementary and Secondary Education











Mickey Wilson, CPA

Director

January 6, 2003