COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. No.:         4344-01

Bill No.:          HB 1641

Subject:           Licenses -Driver's; Revenue Department

Type:              Original

Date:               April 7, 2008

Bill Summary:           Repeals the portion of §302.341, RSMo, that relates to driver's license suspensions for failure to appear on moving traffic violations

FISCAL SUMMARY

Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 5 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 Office of State Courts Administrator state this proposal has no fiscal impact on the Courts.

Officials from the Department of Public Safety - Office of the Director and the Missouri State Highway Patrol state this proposal will have no fiscal impact on their agency.

According to the Department of Revenue (DOR), this proposed legislation eliminates all reference to §302.341 from §302.303, 302.341, and 476.385. This will eliminate the ability for the courts to suspend a persons driving privilege/license if the person is a Missouri resident and fails to appear or pay for a traffic conviction in court. Currently the court notifies the person of the outstanding ticket at least 30 days prior to notification to the Driver License Bureau to suspend their driving privilege/license.

In FY 2007 a total of 70,414 instate Failure to Appear or Pay (FACT) suspensions were generated and a total of 43,799 reinstatements /terminations were processed.

Currently, DOR utilizes three Revenue II Techs to process all FACT suspensions and reinstatements which include editing, keying, faxing, answering phones etc. This proposal eliminates the need for these three FTE. Salaries and benefits total $127,125.

DOR assumes this proposal does not address the existing FACT suspension/reinstatements already processed as shown on Missouri records. DOR assumes that these existing suspension/reinstatements would remain on the record and compliance and fees would be required for reinstatement. Therefore, DOR will not incur a loss of revenue until FY 2010 and 2011. DOR will also continue to use the three Revenue II Techs for FY 2009 to complete processing FACT suspensions already in process.

43,799 x $20 (reinstatement fee) = $875,980

The revenue loss is distributed as follows:

FY 2010 and FY 2011

Highway funds           $875,980 x 75% = $656,985

Cities            $875,980 x 15% = $131,397

Counties             $875,980 x 10% = $ 87,598

ASSUMPTION (continued)

Officials from St Louis County government state this proposal will have no fiscal impact on their county.

Officials from the Office of Prosecution Services did not respond to a request for fiscal note.

FISCAL IMPACT - Small Business

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

FISCAL DESCRIPTION

This proposed legislation repeals the requirement that the Director of the Department of Revenue, upon order of the court, suspend the driver's license of any individual who fails to appear and dispose of any moving traffic violation charge.

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 Revenue

Department of Public Safety

            Office of the Director

            Missouri State Highway Patrol

Office of State Courts Administrator

St Louis County

NOT RESPONDING

Office of Prosecution Services

                                                                                                Mickey Wilson, CPA

                                                                                                Director

                                                                                                April 7, 2008