COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION


FISCAL NOTE


L.R. No.:         3087-01

Bill No.:          HB 1478

Subject:           Firearms and Fireworks; Law Enforcement Officers and Agencies

Type:              Original

Date:               March 31, 2008





 

Bill Summary:            The proposal revises the crimes of unlawful transfer of weapons and possession of a concealable firearm.



FISCAL SUMMARY


ESTIMATED NET EFFECT ON GENERAL REVENUE FUND

FUND AFFECTED

FY 2009

FY 2010

FY 2011

General Revenue

(Less than $100,000)

(Less than $100,000)

(Less than $100,000)

 

 

 

 

Total Estimated

Net Effect on

General Revenue

Fund

(Less than $100,000)

(Less than $100,000)

(Less than $100,000)


ESTIMATED NET EFFECT ON OTHER STATE FUNDS

FUND AFFECTED

FY 2009

FY 2010

FY 2011

 

 

 

 

 

 

 

 

Total Estimated

Net Effect on Other

State Funds

$0

$0

$0


Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 6 pages.




ESTIMATED NET EFFECT ON FEDERAL FUNDS

FUND AFFECTED

FY 2009

FY 2010

FY 2011

 

 

 

 

 

 

 

 

Total Estimated

Net Effect on All

Federal Funds

$0

$0

$0



ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)

FUND AFFECTED

FY 2009

FY 2010

FY 2011

 

 

 

 

 

 

 

 

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 2009

FY 2010

FY 2011

Local Government

$0

$0

$0








FISCAL ANALYSIS


ASSUMPTION 


Officials from the Department of Mental Health, Department of Public Safety – Director’s Office, – Missouri State Highway Patrol, Boone County Sheriff’s Department, and the Springfield Police Department assume the proposal would have no fiscal impact on their agencies.


Officials from the Office of State Courts Administrator assume the proposed legislation would have no fiscal impact on the courts.


Officials from the Department of Corrections (DOC) assume they cannot currently predict the number of new commitments which may result from the creation of the offense(s) outlined in this proposal. An increase in commitments depends on the utilization by prosecutors and the actual sentences imposed by the court. 


If additional persons are sentenced to the custody of the DOC due to the provisions of this legislation, the DOC will incur a corresponding increase in operational cost either through incarceration (FY07 average of $41.21 per inmate per day, or an annual cost of $15,040 per inmate) or through supervision provided by the Board of Probation and Parole (FY07 average of $2.43 per offender per day, or an annual cost of $887 per offender).

 

At this time, the DOC is unable to determine the number of people who would be convicted under the provisions of this bill and therefore the number of additional inmate beds that may be required as a consequence of passage of this proposal. Estimated construction cost for one new medium to maximum-security inmate bed is $55,000. Utilizing this per-bed cost provides for a conservative estimate by the DOC, as facility start-up costs are not included and entire facilities and/or housing units would have to be constructed to cover the cost of housing new commitments resulting from the cumulative effect of various new legislation, if adopted as statute.


In summary, supervision by the DOC through probation or incarceration would result in additional unknown costs to the department. Seven (7) persons would have to be incarcerated per fiscal year to exceed $100,000 annually. Due to the narrow scope of this new crime, it is assumed the impact would be less than $100,000 per year for the DOC.

 



ASSUMPTION (continued)


Officials from the Office of the State Public Defender (SPD) assume increasing penalties on existing crimes, or creating new crimes, will require more SPD resources. While the number of new cases (or cases with increased penalties) may be too few or uncertain to request additional appropriations for this specific bill, the SPD will continue to request sufficient appropriations to provide competent and effective representation in all its cases.


Oversight assumes the Office of the State Public Defender (SPD) could absorb the costs of the proposed legislation within existing resources. Oversight assumes any significant increase in the workload of the SPD would be reflected in future budget requests.


Officials from the Office of Prosecution Services, Greene County Sheriff’s Department, Jackson County Sheriff’s Department, St. Louis County Police Department, Columbia Police Department, Kansas City Police Department, and the St. Louis Metropolitan Police Department did not respond to Oversight’s request for fiscal impact.



FISCAL IMPACT - State Government

FY 2009

(10 Mo.)

FY 2010

FY 2011

GENERAL REVENUE FUND

 

 

 

 

 

 

 

Costs – Department of Corrections

 

 

 

     Incarceration/probation costs

(Less than $100,000)

(Less than $100,000)

(Less than $100,000)

 

 

 

 

ESTIMATED NET EFFECT ON GENERAL REVENUE FUND


(Less than $100,000)


(Less than $100,000)


(Less than $100,000)



FISCAL IMPACT - Local Government

FY 2009

(10 Mo.)

FY 2010

FY 2011

 

 

 

 

 

$0

$0

$0





FISCAL IMPACT - Small Business


No direct fiscal impact to small businesses would be expected as a result of this proposal.



FISCAL DESCRIPTION


The proposed legislation changes the crime of unlawful possession of a concealable firearm to unlawful possession of a firearm. The proposal adds illegal aliens, individuals dishonorably discharged from the United States armed forces, persons renouncing their United States citizenship, respondents of a valid full order of protection still in effect, and persons convicted of a misdemeanor domestic violence crime to the list of persons not lawfully entitled to possess a firearm. The proposal also makes it unlawful for a person to transfer a firearm if he or she has

reasonable cause to believe that the person receiving the firearm is not legally entitled to possess a firearm.


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


Office of State Courts Administrator

Department of Mental Health

Department of Corrections

Department of Public Safety

            – Director’s Office

            – Missouri State Highway Patrol

Office of the State Public Defender

Boone County Sheriff’s Department

Springfield Police Department





NOT RESPONDING


Office of Prosecution Services

Greene County Sheriff’s Department

Jackson County Sheriff’s Department

St. Louis County Police Department

Columbia Police Department

Kansas City Police Department

St. Louis Metropolitan Police Department







                                                                                                Mickey Wilson, CPA

                                                                                                Director

                                                                                                March 31, 2008