COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. No.:         0065-01

Bill No.:          HB 33

Subject:           Motor Vehicles; Roads and Highways; Transportation

Type:              Original

Date:               January 31, 2011

Bill Summary:            This proposal requires a motor vehicle driver, when overtaking a bicycle, to pass safely at a distance of not less than 3 feet.

FISCAL SUMMARY

Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 4 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 the State Courts Administrator assume the proposal would not fiscally impact the courts.

Officials from the Department of Transportation, Office of Prosecution Services, and the Department of Public Safety - Highway Patrol each assume the proposal would not fiscally impact their respective agencies.

For the purpose of this proposed legislation, officials at the Office of State Public Defender (SPD) cannot assume that existing staff will provide competent, effective representation for any new cases arising where indigent persons are charged with the proposed new crime of a motor vehicle driver, when overtaking a bicycle, to pass safely at a distance of less than 3 feet. This is a class C misdemeanor.

Passage of bills increasing penalties on existing crimes, or creating new crimes, requires the State Public Defender System to further extend resources. While the number of new cases (or cases with increased penalties) may be too few or uncertain to request additional funding for this specific bill, the SPD will continue to request sufficient appropriations to provide competent and effective representation is all its cases.

Oversight assumes the SPD can absorb the additional caseload that may result from this proposal. Oversight also assumes this proposal simply clarifies existing language; therefore, Oversight assumes this proposal would not have a fiscal impact.

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 no fiscal impact.

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 Public Safety

Department of Transportation

Office of the State Courts Administrator

Office of Prosecution Services

Office of the State Public Defender

                                                                                                Mickey Wilson, CPA

                                                                                                Director

                                                                                                January 31, 2011