Subject: Children and Minors; Social Services Dept.; Law Enforcement Officers and Agencies

Bill Summary: Modifies provisions of criminal background checks for emergency child placement.

ESTIMATED NET EFFECT ON GENERAL REVENUE FUND
FUND AFFECTED	FY 2008	FY 2009	FY 2010
General Revenue	$0 or ($16,600)	$0 or ($16,600)	$0 or ($16,600)

Total Estimated Net Effect on General Revenue Fund	$0 or ($16,600)	$0 or ($16,600)	$0 or ($16,600)

ESTIMATED NET EFFECT ON OTHER STATE FUNDS
FUND AFFECTED	FY 2008	FY 2009	FY 2010
Criminal Records	$2,868,333	$3,442,000	$3,787,500
Missouri Gaming Commission	($306,720)	($406,200)	($461,670)
Total Estimated Net Effect on Other State Funds	$2,561,613	$3,035,800	$3,325,830

ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED	FY 2008	FY 2009	FY 2010


Total Estimated Net Effect on All Federal Funds	$0	$0	$0

ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)
FUND AFFECTED	FY 2008	FY 2009	FY 2010


Total Estimated Net Effect on FTE	0	0	0

☐ Estimated Total Net Effect on All funds expected to exceed $100,000 savings or (cost).

☐ Estimated Net Effect on General Revenue Fund expected to exceed $100,000 (cost).

ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED	FY 2008	FY 2009	FY 2010
Local Government	($288,305)	($348,563)	($408,821)

Officials from the Office of Attorney General, Office of Administration (COA) - Children's Trust Fund, Office of State Courts Administrator, Department of Insurance, Financial and Professional Regulation, Department of Corrections, Department of Health and Senior Services, Department of Social Services (DOS) - Children's Division, Department of Public Safety (DPS) - Director's Office, Missouri Senate, Office of State Public Defender, Office of Lieutenant Governor, Office of the Governor, and Department of Mental Health assume the proposal will have no fiscal impact on their organizations.

Officials from the COA - Division of Budget and Planning (BAP) state the proposed legislation should not result in additional costs or savings to the BAP.

The proposal makes changes to which individuals are required to have criminal background checks and the amount of the fees charged for the background checks. The BAP defers to the Department of Public Safety for an estimate of the total amount of fees collected.

Officials from the Office of Secretary of State (SOS) state the proposal requires the Department of Public Safety and Department of Social Services to promulgate rules. These rules would be published in both the Missouri Register and Code of State Regulations. Based on experience with other divisions, the rules, regulations and forms issued by the various agencies may require as many as 50 pages in the Code of State Regulations. For any given rule, roughly half again as many pages are published in the Missouri Register as in the Code because of cost statements and fiscal notes, etc. that 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 SOS estimates a total cost of $3,075 [(75 pgs. X $23) + (50 pgs. X $27)]. These costs are estimates and depend on the number of rules printed, rescinded, and amended.

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 Elementary and Secondary Education (DES) assume the following fiscal impact for this proposal:

Assuming the level of background checks and fingerprint searches remains level, and assuming the fee increases by $1 per annum as allowed in the proposal, the fiscal impact may be computed as follows:

In summary, DES assumes in increase in cost to local school districts of $288,305 in FY 2008, $348,563 in FY 2009 and $408,821 in FY 2010.

This section requires the DES, in conjunction with the Department of Social Services, to conduct a study to determine the means of ensuring the educational needs of pupils under the jurisdiction of the juvenile court or family court are met in terms of setting and amount, and to submit a report on the study to the Governor and General Assembly on or before November 1, 2007. The costs for this provision are unknown.

Oversight assumes the DES can conduct the study, in conjunction with the Department of Social Services, within current funding levels and will not need additional funding for this portion of the proposal.

Officials from the DOS – Division of Youth Services (DYS) assume they would incur costs for the compact dues. Under the old compact, the dues were $400. Under the new compact, the state’s dues will be $17,000. Therefore, the fiscal impact would be the increase in dues of $16,600 annually.

Oversight assumes the increase in the annual assessment is dependent on at least thirty five states enacting the compact into law. Therefore, Oversight has reflected the increase in the annual assessment as $0 or $16,600 per fiscal year.

Officials from the DPS - Missouri Gaming Commission (GAM) state the Missouri State Highway Patrol has informed the GAM that it will no longer be able to perform its own criminal history background checks. Therefore, the GAM estimates the proposed legislation will cost the Missouri Gaming Commission Fund $306,720 for FY 08; $406,200 for FY 09; and $461,670 for FY 10.

Officials from the DPS - Missouri State Highway Patrol (MHP) provide the following assumptions for the proposed legislation:

The average number of name checks for the prior two fiscal years is 691,000 and the average number of fingerprint checks for the prior two fiscal years is 113,000.

The MHP estimates FY 08 fees under the old fee schedule would be $5,037,000 [(691,000 names X $5) + (113,000 fingerprints X $14)]. FY 08 fees with the proposed increase would be: $2,868,333 [(691,000 names X $9 = $6,219,000) + (113,000 fingerprints X $20 = $2,260,000) - $5,037,000] X 10/12 months. FY 09 fees with the proposed increase would be: $3,442,000 [(691,000 names X $9 = $6,219,000) + (113,000 fingerprints X $20 = $2,260,000) - $5,037,000]. FY 10 fees with the proposed increase would be: $3,787,500 [(691,000 names X $9.50) + (113,000 fingerprints X $20) - $5,037,000].

Because the rate will increase from $9 to $10 on January 1, 2010, the fee for half of the fiscal year will be $9 and the other half $10. The MHP assumes that the checks will be spread evenly throughout the year, thereby resulting in an average fee of $9.50 for the year.

Officials from the Missouri Department of Transportation, Department of Labor and Industrial Relations, DPS - Missouri Lottery Commission, and Missouri House of Representatives did not respond to our request for a statement of fiscal impact.

The proposal may impact small businesses if they pay to have fingerprint or background checks done on their employees.

This proposal revises the Interstate Compact for the Placement of Children. The compact is an existing agreement between the states regarding the placement of children from one state to another. The compact facilitates ongoing supervision of a placement, the delivery of services, and communication between the states and ensures that children are placed in safe and suitable homes in a timely manner. Adoption of the revised compact makes Missouri a member of the Interstate Commission for the Placement of Children and requires the state to establish a central state compact office to be responsible for state compliance with the compact and rules of the commission. The compact establishes the powers and duties of the interstate commission and specifies provisions regarding bylaws, structure, rule-making authority, financing mechanism, a process for dispute resolution, and enforcement. The compact becomes effective August 28, 2007, or upon legislative enactment of the compact into law by no less than 35 states, whichever occurs later.

This proposal revises the Interstate Compact for Juveniles. The compact is an existing agreement between the states regarding the supervision and transfer of juvenile delinquents who have escaped from supervision to another state. Adoption of the compact makes Missouri a member

of the Interstate Commission for Juveniles and requires the state to select a compact administrator to manage the state's transfer of those juveniles subject to the compact. The compact establishes the powers and duties of the interstate commission and specifies the bylaws, corporate structure, rule-making authority, financing mechanism, process for dispute resolution, and enforcement provisions. The compact becomes effective August 28, 2007, or upon legislative enactment of the compact into law by no less than 35 states, whichever occurs later. (Sections 210.570 and 210.580)

Currently, an entity making a request, as required by law, for criminal history record information that is not based on a fingerprint search must pay a fee of not more than $5 per request. Entities making requests not required by law cannot be charged more than $10. Under this proposal, an entity cannot be made to pay more than $9 dollars for such a request regardless of whether required by law. However, after January 1, 2010, the Superintendent of the Highway Patrol may increase the fee by not more than $1 per year. Under no circumstances shall the fee exceed $15 dollars per request.

Currently, an entity making a request for criminal history record information that is based on a fingerprint search must pay a fee of not more than $14 per request when such request is required by law. When not required by law, the entity may be charge not more than $20 for such request. Under this proposal, an entity cannot be charged a fee of more than $20 dollars for criminal history record information based on a fingerprint search, unless the request is required by the concealed carry endorsement statute or the foster home, residential care facility, or child placing agency licensing statutes, in which case, the fee shall be $14. (Section 43.530)

The Department of Public Safety has the authority to promulgate rules establishing recommended procedures for issuing missing endangered person advisories. (Sections 210.1012 and 650.025).

This proposal requires the Department of Elementary and Secondary Education to, in conjunction with the Department of Social Services, conduct a study to determine the means of ensuring that the educational needs of certain children in residential care facilities are met in terms of setting and amount, and submit a report on the study to the governor and Missouri general assembly on or before November 1, 2007.

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

NOT RESPONDING: Missouri Department of Transportation, Department of Labor and Industrial Relations, Missouri Lottery Commission, and Missouri House of Representatives

FISCAL IMPACT - State Government	FY 2008 (10 Mo.)	FY 2009	FY 2010
GENERAL REVENUE FUND

Costs – Department of Social Services
Increased annual assessment	$0 or ($16,600)	$0 or ($16,600)	$0 or ($16,600)

ESTIMATED NET EFFECT ON GENERAL REVENUE FUND	$0 or ($16,600)	$0 or ($16,600)	$0 or ($16,600)

CRIMINAL RECORDS FUND

Income – Missouri State Highway Patrol
Fees from record checks (name) from $5 to $9 per record	$2,303,333	$2,764,000	$2,764,000
Fees from record check (fingerprint) from $14 to $20 per record	$565,000	$678,000	$678,000
Fees from record checks (name) from $9 to $10 on January 1, 2010	$0	$0	$345,500

ESTIMATED NET EFFECT ON CRIMINAL RECORDS FUND	$2,868,333	$3,442,000	$3,787,500

MISSOURI GAMING COMMISSION FUND

Costs - Department of Public Safety - Missouri Gaming Commission
Increase in name and fingerprint record check fees	($306,720)	($406,200)	($461,670)

ESTIMATED NET EFFECT ON MISSOURI GAMING COMMISSION FUND	($306,720)	($406,200)	($461,670)

FISCAL IMPACT - Local Government	FY 2008 (10 Mo.)	FY 2009	FY 2010
LOCAL GOVERNMENTS - SCHOOL DISTRICTS

Costs - School Districts
Increase in background check and fingerprint search fees	($288,305)	($348,563)	($408,821)

ESTIMATED NET EFFECT ON LOCAL GOVERNMENTS - SCHOOL DISTRICTS	($288,305)	($348,563)	($408,821)