COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. No.:         3969-01

Bill No.:          HB 1438

Subject:           Agriculture and Animals; Entertainment, Sports and Amusements; property, Real and Personal

Type:              Original

Date:               February 19, 2007

Bill Summary:            Allows all residents of this state access to lands owner, managed or funded by the State of Missouri for the purpose of riding horses or mules.

FISCAL SUMMARY

Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 6 pages.

☐ 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).

FISCAL ANALYSIS

ASSUMPTION

Officials from the Attorney General's Office assume no fiscal impact to their agency.

Officials from the Department of Conservation (MDC) assume this proposal would have significant fiscal impact on MDC funds by limiting the ability to close unauthorized trails that arise on Department lands. While the exact amount of impact is unknown, the proposal appears to require the Department to either keep such a trail open and maintain it, or be ready to establish in court that it meets certain requirements allowing exclusion. Those requirements could vary in different courts. If exclusion could not be documented to a court's satisfaction, substantial federal funds used in acquisition and development might have to be refunded. Litigation costs and federal aid reimbursements could be significant. This proposal also impinges on the authority of the Conservation Commission to manage the fish, forest and wildlife resources of Missouri.

In response to a similar proposal in 2007, HB 354, 1206-01, officials from the Department of Conservation (MDC) assume this proposal would have significant impact on MDC funds, since it would increase costs to manage conservation areas for riding horses and mules. The exact amount of impact is unknown, but is estimated to be as much as $3 million annually and would jeopardize federal aid funding.

Officials with the Department of Natural Resources (DNR) assume this proposal will have an unknown fiscal impact on the Department's Division of State Parks. If the resources such as soil conditions and terrain will allow, new construction of trails that will be for equestrian use will require some additional construction and maintenance costs, particularly in wet areas of a trail to keep the areas stable.

There also will be ecological costs to natural and wilderness areas in the long run. To provide recreational opportunities while protecting and preserving our natural resources there may be a need to clarify the language of this proposal to provide authority for state park managers to zone use areas, including horseback riding, based on their knowledge an experience with the park situation without need for acquiring scientific or geologic data.

It is unknown how many equestrians would choose to ride in the state parks. Whether individual equestrians, small groups, or large groups chose to ride in the parks would determine the level of impact that could occur. The financial impact could include not only maintenance and repair

ASSUMPTION (continued)

costs, but also ecological costs to natural and wildernedd areas. Besides the monetary costs, this proposal may also cause suer conflict and could raise a potential liability issue if an accident occurs with a non-equestrian park visitor.

Parks lands are designated for different purposes and uses. Through classification the department is able to accommodate different kinds of user groups, and locate them where the impacts and maintenance may be best managed.

Currently the department has the following facilities to accommodate our equestrian visitors:

Facilities with existing equestrian trails:

Babler

Baker

Castlewood

Crowder

Cuivre River

Johnson's Shut-Ins

Katy Trail

Knob Noster

Lake of the Ozarks

Lake Wappapello - this connects with Ozark trail (100 miles of trail).

Rock Bridge

Rt. 66

St. Francois

St. Joe

Trail of Tears

Watkins Woolen Mill

Facilities with existing equestrian campgrounds:

Baker

Cuivre River

Knob Noster

St. Joe

Facilities with existing stables:

Babler -- not currently in operation

Lake of the Ozarks

Roaring River -- not currently in operation

ASSUMPTION (continued)

Facilities with proposed addition/expansion of equestrian amenities:

Johnson's Shut-Ins -- equestrian campground

Lake Wappapello -- provide equestrian trailhead and campground

Robertsville -- equestrian trail and trailhead

Mark Twain -- equestrian campground and trailhead to connect to Corps of Engineers equestrian trail

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 appears to have an impact on Conservation Commission Funds and other state park funds.

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 Conservation

Department of Natural Resources

Attorney General's Office

                                                                                                Mickey Wilson, CPA

                                                                                                Director

                                                                                                February 19, 2007