COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:1081H.02C Bill No.:HCS for HB 250 Subject:Crimes and Punishment; Criminal Procedure; Drugs and Controlled Substances Type:Original Date:March 27, 2023Bill Summary:This proposal modifies and establishes offenses involving controlled
substances.
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2024FY 2025FY 2026General Revenue*(Unknown)(Unknown)(Unknown)Total Estimated Net
Effect on General
Revenue(Unknown)(Unknown)(Unknown)
*Oversight assumes the fiscal impact could exceed the $250,000 threshold. Oversight notes there
were 105 new prison admissions for 1
st
and 2
nd
degree drug trafficking in FY 2022. To reach the
$250,000 threshold, an additional 27 prisoners would be required to be imprisoned or remain in
prison (if a more severe charge) at the estimated incarceration rate of $9,499 cost per year per
prisoner.
ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTEDFY 2024FY 2025FY 2026Total Estimated Net
Effect on Other State
Funds $0$0$0
Numbers within parentheses: () indicate costs or losses. L.R. No. 1081H.02C
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ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND AFFECTEDFY 2024FY 2025FY 2026Total Estimated Net
Effect on All Federal
Funds $0$0$0
ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND AFFECTEDFY 2024FY 2025FY 2026Total Estimated Net
Effect on FTE 000
☒ Estimated Net Effect (expenditures or reduced revenues) expected to exceed $250,000 in any
of the three fiscal years after implementation of the act or at full implementation of the act.
☐ Estimated Net Effect (savings or increased revenues) expected to exceed $250,000 in any of
the three fiscal years after implementation of the act or at full implementation of the act.
ESTIMATED NET EFFECT ON LOCAL FUNDSFUND AFFECTEDFY 2024FY 2025FY 2026Local Government$0$0$0 L.R. No. 1081H.02C
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FISCAL ANALYSIS
ASSUMPTION
§§579.065 and 579.068 – Trafficking drugs
Officials from the Department of Corrections (DOC) state this bill intends to modify sections
579.065 and 579.068 to make more people in possession of and distributing fentanyl or
carfentanil eligible for sentencing as drug traffickers.
Section 579.065 - In FY 2022, there were 17 new prison admissions for 1
st
degree drug
trafficking.
Section 579.068 - In FY 2022, there were 88 new prison admissions for 2
nd
degree drug
trafficking.
When an offender is sentenced to imprisonment, the department receives a sentence and
judgement form which contains information on the conviction(s) of and sentence(s). Most
sentence and judgement forms for drug-related offenses do not notate the type or amount of the
drug associated with the conviction. Given that the drug associated with the offense, and any
amount associated with the drug, is unknown in the majority of cases, the department is unable to
estimate the number of new admissions related to the possession and or distribution of fentanyl.
Therefore, the DOC will assume an unknown impact to this legislation.
Oversight does not have any information contrary to that provided by DOC. Therefore,
Oversight will reflect DOC’s estimated (unknown) impact for fiscal note purposes.
In response to a previous version, officials from the Attorney General’s Office assumed the
proposal will have no fiscal impact on their organization. Oversight does not have any
information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal note.
§579.088 – Fentanyl testing
In response to similar legislation from 2023 (HB 927), officials from the Attorney General’s
OfficeCity of O’FallonKansas City Police Department, the St. Joseph Police
Department each assumed the proposal will have no fiscal impact on their organization.
Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero
impact in the fiscal note for these organizations.
Bill as a Whole
Officials from the Office of the Secretary of State (SOS) note many bills considered by the
General Assembly include provisions allowing or requiring agencies to submit rules and L.R. No. 1081H.02C
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regulations to implement the act. The SOS is provided with core funding to handle a certain
amount of normal activity resulting from each year's legislative session. The fiscal impact for
this fiscal note to the SOS for Administrative Rules is less than $5,000. The SOS recognizes that
this is a small amount and does not expect that additional funding would be required to meet
these costs. However, the SOS also recognizes that many such bills may be passed by the
General Assembly in a given year and that collectively the costs may be in excess of what the
office can sustain with its core budget. Therefore, the SOS reserves the right to request funding
for the cost of supporting administrative rules requirements should the need arise based on a
review of the finally approved bills signed by the governor.
Officials from the Department of Health and Senior Services, the Department of Public
Safety – (Office of the Director and Missouri Highway Patrol), the Missouri Office of
Prosecution Services, the Office of the State Courts Administrator the Office of the State
Public Defender, the City of Kansas City, the City of Springfield, the St. Louis County
Police Department, and the Phelps County Sheriff’s Department assume the proposal will
have no fiscal impact on their organization. Oversight does not have any information to the
contrary. Therefore, Oversight will reflect a zero impact in the fiscal note.
Oversight only reflects the responses received from state agencies and political subdivisions;
however, other cities, various county officials and local law enforcement were requested to
respond to this proposed legislation but did not. A listing of political subdivisions included in the
Missouri Legislative Information System (MOLIS) database is available upon request.
FISCAL IMPACT – State GovernmentFY 2024
(10 Mo.)
FY 2025FY 2026GENERAL REVENUECost – DOC (§§579.065 and 579.068)
Trafficking drugs p. 3(Unknown)(Unknown)(Unknown)
ESTIMATED NET EFFECT ON
THE GENERAL REVENUE FUND(Unknown)(Unknown)(Unknown)
FISCAL IMPACT – Local GovernmentFY 2024
(10 Mo.)
FY 2025FY 2026$0$0$0
FISCAL IMPACT – Small Business
No direct fiscal impact to small businesses would be expected as a result of this proposal. L.R. No. 1081H.02C
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FISCAL DESCRIPTION
TRAFFICKING OF FENTANYL (Sections 579.065 and 579.068)
Under current law, trafficking drugs in the first degree is a class B felony if the person
knowingly distributes, delivers, manufactures, produces or attempts to distribute, deliver,
manufacture or produce more 10 milligrams of fentanyl. It is a class A felony if the amount is 20
milligrams or more.
Trafficking drugs in the second degree is a class C felony if the person knowingly possesses or
has under his or her control, purchases or attempts to purchase, or brings into this state more than
10 milligrams of fentanyl, and a class B felony if the amount is 20 milligrams or more.
This bill amends the quantities of fentanyl for the offense of trafficking of drugs, in the first and
second degree, as follows:
(1) Drug trafficking in the first degree is a class B felony for more than three but less than 14
milligrams of fentanyl;
(2) Drug trafficking in the first degree is a class A felony for more than 14 milligrams of
fentanyl;
(3) Drug trafficking in the second degree is a class C felony for more than three but less than 14
milligrams of fentanyl;
(4) Drug trafficking in the second degree is a class B felony for more than 14 milligrams of
fentanyl.
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
Attorney General’s Office
Department of Corrections
Department of Health and Senior Services
Department of Public Safety
Missouri Office of Prosecution Services
Office of the Secretary of State
Office of the State Courts Administrator
Office of the State Public Defender
City of Kansas City
City of O’Fallon
City of Springfield L.R. No. 1081H.02C
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Kansas City Police Department
St. Joseph Police Department
St. Louis County Police Department
Phelps County Sheriff
Julie MorffRoss StropeDirectorAssistant DirectorMarch 27, 2023March 27, 2023