Bill Summary: This proposal lowers the blood-alcohol content to .08 of one percent for the crime of operating a vessel with excessive blood-alcohol content.

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

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

Officials from the Office of the State Public Defender and the Department of Public Safety - Director’s Office and Water Patrol each assume the proposal would not fiscally impact their respective agencies.

Officials from the Office of State Courts Administrator (CTS) state some cases may become protracted. Depending on the degree of enforcement, there could be a significant increase in the number of cases filed. However, CTS has no way of estimating that increase. Any significant increase would be reflected in future budget requests.

In response to a similar proposal from last year (HB 335), officials from the Department of Corrections (DOC) stated this proposal reduces the BAC for boating while intoxicated (BWI) from ten-hundredths to eight-hundredths of one percent or more by weight of alcohol in the offender's blood. Definitions of statute's lakes and main rivers are expanded to 'waters' of this state. There are currently no class D felonies for BWI in the DOC system and only 2 offenders sentenced for a third BWI offense.

The DOC could not predict the number of new commitments which may result from the enhancement 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 (FY06 average of $39.43 per inmate, per day or an annual cost of $14,394 per inmate) or through supervision provided by the Board of Probation and Parole (FY06 average of $2.52 per offender, per day or an annual cost of $920 per offender).

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 these enhanced crimes, it is assumed the impact would be less than $100,000 per year for the DOC.

In response to a similar proposal from last year (HB 335), officials from the Office of Prosecution Services (OPS) assumed the proposal would not have a significant direct fiscal impact on county prosecutors or the OPS.

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

Currently, a person commits the crime of operating a vessel with excessive blood-alcohol content when the person operates a vessel on the Mississippi River, Missouri River, or any lake in the state with .1 of 1% or more by weight of alcohol in his or her blood. This bill lowers the level to .08 of 1%.

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

FISCAL IMPACT - State Government	FY 2009 (10 Mo.)	FY 2010	FY 2011
GENERAL REVENUE FUND

Costs - Department of Corrections Incarceration/supervision	(Less than $100,000)	(Less than $100,000)	(Less than $100,000)

ESTIMATED NET EFFECT TO THE GENERAL REVENUE FUND	(Less than $100,000)	(Less than $100,000)	(Less than $100,000)