COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:0855H.01I Bill No.:HB 295 Subject:Crimes and Punishment; Criminal Procedure Type:Original Date:February 1, 2023Bill Summary:This proposal establishes the offense of possession of an open container of
marijuana in a motor vehicle.
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2024FY 2025FY 2026Total Estimated Net
Effect on General
Revenue $0$0$0
ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTEDFY 2024FY 2025FY 2026Various State FundsLess than $250,000Less than $250,000Less than $250,000Total Estimated Net
Effect on Other State
FundsLess than $250,000Less than $250,000Less than $250,000
Numbers within parentheses: () indicate costs or losses. L.R. No. 0855H.01I
Bill No. HB 295
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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 GovernmentLess than $250,000Less than $250,000Less than $250,000 L.R. No. 0855H.01I
Bill No. HB 295
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FISCAL ANALYSIS
ASSUMPTION
§577.022 – Marijuana open container
Officials from the Office of the State Public Defender (SPD) state the creation of new offense
under section 577.022 would have an unknown fiscal impact on SPD. The creation of this new
offense would result in an unknown number of additional cases eligible for SPD representation.
Oversight notes in FY22 the SPD was appropriated moneys for 53 additional FTE. Oversight
assumes this proposal will create a minimal number of new cases and that the SPD can absorb
the additional caseload required by this proposal with current staff and resources. Therefore,
Oversight will reflect no fiscal impact to the SPD for fiscal note purposes. However, if multiple
bills pass which require additional staffing and duties, the SPD may request funding through the
appropriation process.
Officials from the Missouri Office of Prosecution Services (MOPS) assume the proposal will
have no measurable fiscal impact on MOPS. The creation of a new crime creates additional
responsibilities for county prosecutors and the circuit attorney which may, in turn, result in
additional costs, which are difficult to determine.
Officials from the Department of Public Safety - Missouri Highway Patrol, the Missouri
Department of Transportation, and the Office of the State Courts Administrator assume the
proposal will have no fiscal impact on their respective organizations. Oversight does not have
any information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal note.
Oversight notes a violation of the provisions of this proposal is a class A misdemeanor which
carries a fine not to exceed $2,000 in addition to any individual county/municipal fees and court
costs. The fine revenue for the ticket goes to local school funds and court costs go to various
state and local funds. Oversight assumes there will be some (less than $250,000) amount of fine
revenue from violations of the statute. Therefore, the impact to various state funds and local
governments will be presented as less than $250,000. For simplicity, Oversight will not reflect
the possibility that fine revenue paid to school districts may act as a subtraction in the foundation
formula.
Below are examples of some of the state and local funds which court costs are distributed: L.R. No. 0855H.01I
Bill No. HB 295
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Fee/Fund NameFee AmountBasic Civil Legal Services Fund$8.00Clerk Fee$15.00 ($12 State/$3 County)County Fee$25.00State Court Automation Fund$7.00Crime Victims’ Compensation Fund$7.50DNA Profiling Analysis Fund$15.00Peace Officer Standards and Training
(POST) Fund
$1.00Sheriff’s Retirement Fund$3.00Motorcycle Safety Trust Fund$1.00Brain Injury Fund$2.00Independent Living Center Fund$1.00Sheriff’s Fee$10.00 (County)Prosecuting Attorney and Circuit Attorney
Training Fund
$4.00Prosecuting Attorney Training Fund$1.00 ($0.50 State/$0.50 County)Spinal Cord Injury Fund$2.00FISCAL IMPACT – State GovernmentFY 2024
(10 Mo.)
FY 2025FY 2026VARIOUS STATE FUNDSRevenue – (§577.022) Court costs
p. 3-4
Less than
$250,000
Less than
$250,000
Less than
$250,000
ESTIMATED NET EFFECT ON
VARIOUS STATE FUNDS
Less than
$250,000
Less than
$250,000
Less than
$250,000 L.R. No. 0855H.01I
Bill No. HB 295
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FISCAL IMPACT – Local GovernmentFY 2024
(10 Mo.)
FY 2025FY 2026LOCAL POLITICAL
SUBDIVISIONS
Revenue – (§577.022) Court costs
p. 3-4
Less than
$250,000
Less than
$250,000
Less than
$250,000
Revenue - Schools (§577.022) Fine
revenue p. 3-4
Less than
$250,000
Less than
$250,000
Less than
$250,000
ESTIMATED NET EFFECT ON
LOCAL POLITICAL
SUBDIVISIONS
Less than
$250,000
Less than
$250,000
Less than
$250,000
FISCAL IMPACT – Small Business
No direct fiscal impact to small businesses would be expected as a result of this proposal.
FISCAL DESCRIPTION
This bill establishes that a person, including the driver or any passenger, commits the offense of
possession of an open container of marijuana in a motor vehicle if such person possesses an open
container in a vehicle on any public road or thoroughfare. "Open container" is defined as
marijuana or a marijuana product not stored in a secured, sealed or resealable, odor-proof, child-
resistant package, container, or receptacle.
A violation of this offense is a class A misdemeanor.
This legislation is not federally mandated, would not duplicate any other program and would not
require additional capital improvements or rental space. L.R. No. 0855H.01I
Bill No. HB 295
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SOURCES OF INFORMATION
Department of Public Safety - Missouri Highway Patrol
Missouri Department of Transportation
Missouri Office of Prosecution Services
Office of the State Courts Administrator
Office of the State Public Defender
Julie MorffRoss StropeDirectorAssistant DirectorFebruary 1, 2023February 1, 2023