COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION


FISCAL NOTE


L.R. No.:         4346-01

Bill No.:          HB 2366

Subject:           Crimes and Punishment: Licenses - Driver's; Revenue Department

Type:              Original

Date:               March 11, 2008





 

Bill Summary:           Establishes a crime of driver's license fraud.



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 5 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 Revenue state this proposed legislation will not have a fiscal impact on their agency.


Officials from the Department of Public Safety - Office of the Director and the Missouri State Highway Patrol state there is no fiscal impact to their agency.


Officials from the Office of Attorney General assume that any potential costs arising from this proposal can be absorbed with existing resources.


Officials from the Office of the State Public Defender (SPD) cannot assume existing staff will provide competent, effective representation for any new cases arising where indigent persons are charged with the proposed new crime of assisting an illegal alien to obtain a driver's license - a new class B misdemeanor for the first offense. The charges escalate as the number of assists increase. 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 (OPS) assume that any new criminal law creates the potential for an increase in the number of cases referred for prosecution. In the absence of any estimates of the number of additional criminal cases that would be referred to County Prosecutors for charges because of this proposed legislation, it is not possible to provide estimates concerning the extent of any fiscal impact. Additionally, OPS is not otherwise able to establish a workable estimate of the number of additional criminal cases that would be referred to County Prosecutors for charges. Therefore, the fiscal impact to County Prosecutors is unknown. It is assumed this proposal would not have a significant direct fiscal impact on the Office of Prosecution Services.


Oversight assumes the Office of Prosecution Services and county prosecutors could absorb any additional costs incurred as a result of the proposed legislation within existing resources.


ASSUMPTION (continued)


Currently, officials from the Department of Corrections (DOC) cannot 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 this new enhancement, it is assumed the impact would be less than $100,000 per year for the DOC. 


FISCAL IMPACT - State Government

FY 2009

(10 Mo.)

FY 2010

FY 2011

GENERAL REVENUE

 

 

 

 

 

 

 

Cost - Department of Corrections

 

 

 

   Incarceration/probation costs

(Less than $100,000)

(Less than $100,000)

(Less than $100,000)

 

 

 

 

ESTIMATED NET EFFECT ON GENERAL REVENUE

(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


This proposed legislation prohibits a person who knowingly or in reckless disregard of the fact that another person is an illegal alien from:


(1) Assisting the alien in committing fraud or deception during a driver's license, nondriver's license, or instruction permit examination process;


(2) Assisting the alien in applying for a driver's license, instruction permit, or nondriver's license that contains or is substantiated with false or fraudulent information or documentation, conceals a material fact, or is fraudulent; or


(3) Engaging in a conspiracy to commit any of the preceding acts or aids or abets the commission of any of the acts.


A person who violates a provision of the bill will be guilty of a class B misdemeanor for each illegal alien for whom the violation occurs, unless the person committed the violation knowingly, in which case it will be a class D felony. It will be a class D felony for a second violation, unless the person committed the violation knowingly, in which case it will be a class B felony. All subsequent violations will be a class B felony. For the purposes of the bill, "illegal alien" means an individual who is a deportable alien as defined in 8 U.S.C. Section 1227 of federal law.


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 Attorney General

Department of Corrections

Department of Revenue

Department of Public Safety

            Office of the Director

            Missouri State Highway Patrol

State Public Defender

Office of Prosecution Services



                                                                                                Mickey Wilson, CPA

                                                                                                Director

                                                                                                March 11, 2008