COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION


FISCAL NOTE


L.R. No.:         0319-02

Bill No.:          Perfected SCS for SB 82

Subject:           Motor Vehicles; Revenue Dept; Insurance, Automobile

Type:              Original

Date:               March 28, 2007






Bill Summary:           Modifies several provisions of law relating to motor vehicles.



FISCAL SUMMARY


ESTIMATED NET EFFECT ON GENERAL REVENUE FUND

FUND AFFECTED

FY 2008

FY 2009

FY 2010

General Revenue

($583)

$3,944

$3,944

 

 

 

 

Total Estimated

Net Effect on

General Revenue

Fund

($583)

$3,944

$3,944


ESTIMATED NET EFFECT ON OTHER STATE FUNDS

FUND AFFECTED

FY 2008

FY 2009

FY 2010

Highway Fund

$36,002 to (Less than $100,000)

$36,002 to (Less than $100,000)

$36,002 to (Less than $100,000)

Motor Vehicle Commission Fund

($1,739)

$0

$0

Total Estimated

Net Effect on Other

State Funds

$34,263 to (Less than $100,000)

$36,002 to (Less than $100,000)

$36,002 to (Less than $100,000)


Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 10 pages.



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

(Less than $100,000)

(Less than $100,000)

(Less than $100,000)








FISCAL ANALYSIS


ASSUMPTION


§301.010


This section expands the area in which local log trucks and local log truck tractors can operate.


Officials at the Missouri Department of Transportation (MoDOT) assume this proposal expands the area in which local log trucks may operate from no more than a 50 mile radius from a forested site to no more than a 100 mile radius from such sites. An extension of this zone from 50 miles to 100 miles with increased weights and axle loads will lead to additional deterioration of bridges and presents increased safety concerns.


The proposed definition change for “Local log truck” and “Local log truck tractor” appears to allow these vehicles to bypass current overweight permitting process and allows heavier than normal legal loads that do not meet the customary limits of RSMo 304.180 to travel state highways within the current fifty mile radius. Potentially, expanding this area to one hundred miles could lead to additional damage and/or increased risk of unexpected collapse of existing bridges. Also, additional “wear and tear” on structures due to these overweight vehicles, where capacity of the individual bridge is not checked through the permit process, will likely shorten the life of bridges in the state system and increase bridge maintenance needs.


MoDOT is unable to estimate the fiscal impact to the state road fund at this time. The cost likely would run in the millions of dollars for additional bridge replacements, increased bridge maintenance costs, re-rating analysis of these bridges, and installation of new posting signs.


Officials from the City of Centralia, St. Louis County, and the City of Kansas City each assume that there is no fiscal impact from this section of the proposal.


Oversight assumes that there is no direct fiscal impact from the implementation of this proposal on MoDOT or cities or counties. Road and bridge repair and replacement costs are figured into the on-going maintenance costs already performed by MoDOT, cities, and counties.


§301.020; 301.190; 301.196; 301.227


These sections modify provisions relating to salvage motor vehicles.


Officials from the Department of Transportation, Department of Public Safety - Office of the Director and Missouri State Highway Patrol, and the Department of Insurance, Finance, ASSUMPTION (continued)


and Professional Regulation state this portion of the proposal will have no fiscal impact on their respective agencies.


Officials from the Department of Revenue (DOR) state there will be an unknown decrease in revenue because the definition of salvage vehicle is being revised to exclude hail-damaged vehicles, which will result in a reduction in the number of salvage titles issued.


DOR will be required to revise policies, procedures, and forms and in addition, must notify dealers, salvage dealers, and insurance companies regarding this legislation. The cost for this notification will be $4,527.


 A search of the GRS file indicates there are currently 49,316 salvage title records on file with a purchase date during calendar year 2006. Due to the proposed salvage vehicle definition there would be fewer vehicles eligible to be considered for a salvage title causing an unknown loss of revenue. Accordingly, there will be:


1. An unknown decrease in the amount of salvage title fees ($8.50 + $2.50 processing fees), as rebuilders who purchase these vehicles from individuals will not have to obtain salvage titles before rebuilding. Individuals who retain ownership of their salvaged vehicle will no longer need to retitle the vehicle because it will no longer be deemed "salvaged" by the insurance company in most cases. Insurance companies who acquire the vehicle due to a total loss claim will obtain original titles instead of salvage so there will be no revenue loss for those transactions.


2. Unknown decrease in DOR 551 forms purchased (at $25 each) to convert a title from salvage to original since the salvage title won't be required in many cases.


3. A potential reduction in revenue from sales tax on parts used to rebuild a vehicle.          Currently, to convert a salvage title to an original title, the applicant must obtain a 551 form and submit proof of purchase for all parts used. Often times, taxes haven't been paid on the parts and are paid at the time application for title is made. Under this proposal, there will be fewer salvage titles obtained so the vehicles can be sold on original titles without presenting any parts receipts.








ASSUMPTION (continued)


Oversight assumes, based in information from DOR, salvage titles issued for vehicles no more than three years after the manufacturer's model year designation were as follows:


            2005    5,067   x          $8.50   =         $43,070

            2004    7,176   x          $8.50   =         $60,996 

            2003    8,526   x          $8.50   =         $72,471


Oversight assumes even if fifty percent of the salvage titles had been due to hail damage, that eliminating hail damaged vehicles as being eligible for a salvage title could decrease the number of salvage titles issued but revenue losses should not exceed $100,000 in any given year.


§301.125


Officials from the Department of Corrections – Missouri Vocational Enterprises (MVE) assume this portion of the proposal would have no fiscal impact on their agency.


Officials from the Department of Revenue (DOR) assume their agency will be required to enter into a contractual agreement with nonprofit organizations for the collection, disposal and recycling of plates. DOR currently has no way of knowing if any nonprofit organizations would be interested in entering a contract and therefore the impact to implement this is unknown.


In addition, DOR will need to revise policies and procedures to reflect this new process.  


Oversight assumes that since the language in this section is permissive, no cost will be assigned to DOR.


§301.560


DOR assumes there will be an increase in plate revenue due to provisions that require DOR to issue (and the applicant to purchase) three plates for every registration (original plus two). This will require 514 motor vehicle dealers to purchase 744 additional dealer plates resulting in a revenue increase of $7,812 and will require  62 boat dealers to purchase 84 additional certificates of number resulting in revenue increase of $882.


DOR states they will see savings from ordering fewer dealer plates ($28,190 - Highway Fund) and boat dealer certificates of number ($3,062 - General Revenue). DOR further states there could be an unknown revenue impact due to dealers purchasing more or less plates and certificates of number due to basing quantities on sales. DOR does not expect this impact to be ASSUMPTION (continued)


substantial, due to the "up front" plate and certificate purchase requirements.


§301.640


Officials from the Department of Revenue and Department of Insurance, Finance, and Professional Regulation state this section of the proposal would have no fiscal impact on their respective agencies.


§304.022


This section adds vehicles driven by conservation agents to the list of vehicles considered "emergency vehicles."


Officials at the Missouri Highway Patrol, Department of Conservation, and Missouri Department of Transportation each assume that there is no fiscal impact from this proposal.


§304.170


This section increases the maximum length for drive away saddle mount combinations from 75 feet to 97 feet.


Officials from the Missouri Department of Transportation (MoDOT) and Department of Revenue assume the proposal will have no fiscal impact on their organizations.


MoDOT notes that this section of the proposal is federally mandated under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) enacted August 10, 2005, as public law 109-59. Section 4141 of SAFETEA-LU amended 49 United States Code (U.S.C.) Section 31111(b)(1) by adding paragraph (D) which prohibits states from prescribing or enforcing a regulation that imposes a vehicle length limitation of not less than or more than 97 feet on a drive away saddle mount with full mount vehicle transporter combinations.


§407.815


This section modifies the definition of "motor vehicle" contained in the Motor Vehicle Franchise Practices Act to include certain types of engines, transmissions, and rear axles.


ASSUMPTION (continued)


Officials from the Office of State Courts Administrator state this proposal has no fiscal impact on the Courts.


Officials from the Office of Administration - Administrative Hearing Commission anticipate that this legislation will not significantly alter its caseload; however, if other similar bills also pass, there will be fiscal impact. If there are more cases, or more complex cases, there could be a fiscal impact.


Officials from the Department of Revenue and the Department of Transportation state this section of the proposal will have no fiscal impact on their respective agencies.



FISCAL IMPACT - State Government

FY 2008

(10 Mo.)

FY 2009

FY 2010

GENERAL REVENUE

 

 

 

 

 

 

 

Income - DOR - Additional boat certificates of number (§301.560.6)

$882

$882

$882

 

 

 

 

Savings - DOR - Fewer boat dealer certificates ordered (§310.560.6)

$3,062

$3,062

$3,062

 

 

 

 

Cost - Department of Revenue

 

 

 

Forms and Notification Costs

($4,527)

$0

$0

 

 

 

 

ESTIMATED NET EFFECT ON GENERAL REVENUE


($583)


$3,944


$3,944

 

 

 

 

MOTOR VEHICLE COMMISSION FUND

 

 

 

 

 

 

 

Cost - DOR - Dealer notification

($1,739)

$0

$0

 

 

 

 

ESTIMATED NET EFFECT ON MOTOR VEHICLE COMMISSION FUND



($1,739)



$0



$0

 

 

 

 

 

 

 

 

 

 

 

 

FISCAL IMPACT - State Government

FY 2008

(10 Mo.)

FY 2009

FY 2010

HIGHWAY FUNDS

 

 

 

 

 

 

 

Income - DOR - Additional dealer plates issued (§301.560.6)


$7,812


$7,812


$7,812

 

 

 

 

Savings - Fewer dealer plates ordered (§301.560.6)


$28,190


$28,190


$28,190

 

 

 

 

Loss -Revenue from decrease in salvage title fees


(Less than $100,000)


(Less than $100,000)


(Less than $100,000)

 

 

 

 

ESTIMATED NET EFFECT TO HIGHWAY FUNDS


$36,002 to (Less than $100,000)


$36,002 to (Less than $100,000)


$36,002 to (Less than $100,000)



FISCAL IMPACT - Local Government

FY 2008

(10 Mo.)

FY 2009

FY 2010

CITIES AND COUNTIES

 

 

 

 

 

 

 

Loss - Revenue from decrease in salvage title fees


(Less than $100,000)


(Less than $100,000)


(Less than $100,000)

 

 

 

 

ESTIMATED NET EFFECT TO CITIES AND COUNTIES


(Less than $100,000)


(Less than $100,000)


(Less than $100,000)


FISCAL IMPACT - Small Business


This proposal may positively impact small businesses trucking companies involved in the transportation of other vehicles. Fewer vehicles will be declared salvage which will impact the rebuilt vehicle industry. The value of these vehicles will increase since they will no longer be titled as salvage and consequently no longer branded "Prior Salvage".


FISCAL DESCRIPTION


§ 301.010.51


Revises the definition of salvage vehicle to one that has been damaged during a year that is no more than three years after the vehicle's model year and raises the damage limit from 75% to 80% of the fair market value of the vehicle immediately preceding the time it was damaged. Hail damage is excluded from the damage calculations.


§301.560


The number of additional plates a new motor vehicle manufacturer may hold will be limited to no more than 347. New applicants must estimate their first year sales for purposes of determining the quantity of additional plates they must purchase. New and used dealers are limited to one additional plate or certificate of number per 10-unit transactions annually.


The provisions in Section 301.560 regarding the number of additional plates a new motor vehicle manufacturer may hold become effective January 1, 2008.


This legislation is not federally mandated (with the exception of §304.170), would not duplicate any other program, and would not require additional capital improvements or rental space.











 









SOURCES OF INFORMATION


Department of Revenue

Department of Public Safety

            Office of the Director

            Missouri State Highway Patrol

Department of Transportation

Department of Conservation

Department of Insurance, Finance, and Professional Regulation

Office of State Courts Administrator

Office of Administration

            Administrative Hearing Commission

Cities and Counties

            Kansas City

            Centralia

            St Louis County







                                                                                                Mickey Wilson, CPA

                                                                                                Director

                                                                                                March 28, 2007