COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:0679H.01I Bill No.:HB 346 Subject:Crimes and Punishment; Drunk Driving/Boating; Courts; Motor Vehicles;
Attorneys; Counties; Saint Louis City
Type:Original Date:April 12, 2023Bill Summary:This proposal establishes provisions relating to diversion for criminal cases
involving driving under the influence of alcohol.
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2024FY 2025FY 2026
General Revenue
More or Less than
($425,561)
More or Less than
($177,946)
More or Less than
($180,569)
Total Estimated Net
Effect on General
Revenue
More or Less than
($425,561)
More or Less than
($177,946)
More or Less than
($180,569)
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. 0679H.01I
Bill No. HB 346
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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 2026
General Revenue
Could exceed
3 FTE
Could exceed
3 FTE
Could exceed
3 FTE
Total Estimated Net
Effect on FTE
Could exceed
3 FTE
Could exceed
3 FTE
Could exceed
3 FTE
☒ 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. 0679H.01I
Bill No. HB 346
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FISCAL ANALYSIS
ASSUMPTION
Officials from the Department of Revenue (DOR) assume the following regarding this
proposal:
Administrative Impact
Driver License Bureau
The Department does not have in place a diversion program as this language is proposing,
therefore these would be new processes for the Department. Programming would be required to
develop a new sub-system in the current Missouri Driver License (MODL) database to enter
court ordered diversion information received from the prosecuting attorney, and notifying the
program participant of their compliance requirements through system generated notices.
This proposed language is requiring the Department to be notified of violations from the ignition
interlock device for program participants. The Department does not currently receive or maintain
record of violations. Currently, the Department requires the approved Missouri manufacturers to
track and maintain this data and only certify a driver once they have successfully completed the
required monitoring time-period. These legislative changes would require the department to track
and interpret this data specifically related to this diversion program. There are six approved
manufactures in Missouri. Multiple new electronic file exchanges to each manufacturer would
need to be developed to exchange data daily between the department and each manufacturer.
This would require an additional file reporting violations to be developed and electronically
exchanged for each approved manufacturer. Multiple reports would need to be generated to
ensure the integrity of the data and meet the current department auditing processes.
At the completion of this program, the Department will need to track if the driver was dismissed
of the criminal case; or if the criminal case has been imposed. If the conviction is imposed, the
Department will need to evaluate the conviction as a second –time offender. This would cause
the point value related to the conviction to increase from 8 points to 12 points and add an ignition
interlock device (IID) installation to their reinstatement requirements. This also would require
changes made to the five and ten-year denial evaluation routine.
In FY 2022, the Department received 29,901 DWI reports making the potential for offenders
enrolled into this diversion program to be extensive. If DOR assumes that 50% of offenders
would be accepted in to this new program, the Department would plan to receive approximately
14,951 court orders notifying enrollment. DOR would require a new team of personnel to receive
these enrollments, track and process the compliance paperwork, manage the vendor relationships
with IID changes, and develop/implement a continuous monitoring process for any device
violations and court actions for program participants. L.R. No. 0679H.01I
Bill No. HB 346
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A customer service representative can process 224 court-ordered documents per day. The
Department anticipates receiving approximately 59 each day, which would require one additional
staff member for processing. In addition to a processing FTE, DOR anticipates a need for
increased support at the call center (level 1) and would require an additional FTE to answer level
2 support inquiries and correspondence related only to this specific program.
The Department has no statistics available to anticipate the number of staff required to review
and interpret the new violation file exchanges, therefore, additional FTEs may be requested
through the appropriations process. These positions would require a more robust skill set
including knowledge of court and administrative processes, customer and vendor relationship
management, and quality assurance tracking and reporting.
Associate Customer Service Rep.
FY 2024 = $78,000 (10 months)
FY 2025 = $93,600
FY 2026 = $93,600
Oversight does not have information to the contrary and therefore, Oversight will reflect the
estimates for three FTE as provided by DOR.
DOR notes, to implement the proposed legislation, the Department will be required to:
• Complete business requirements and design documents to modify the Missouri Driver License
System (MODL)
• Complete programming and user acceptance testing for the new diversion program for driving
privileges, IID violations and tracking of the violations, dismissed charges of the program,
criminal cases imposed and their penalties on the drivers.
• Testing with the ignition interlock manufacturers of the new files exchanges
• MODL generated notices
• CTG programming
• Conviction routine evaluation
• Point actions generation of new action
• Update policies, procedures, reports, forms, and the Department website.
• Training for employees
FY 2024 – Driver License Bureau (testing of forms and website updates)
Research/Data Analyst 1,300 hrs. @ $25.63 per hr. = $33,319
Research/Data Assistant 1,300 hrs. @ $17.20 per hr. = $22,360
Administrative Manager 1,000 hrs. @ $27.82per hr. = $27,820
Total = $83,499 L.R. No. 0679H.01I
Bill No. HB 346
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FY 2024 – Personnel Services Bureau (forms and website updates)
Associate Research/Data Analyst 336 hrs. @ $20.54 per hr. = $ 6,901
Total= $90,400
Oversight assumes DOR will use existing staff and will not hire additional FTE to conduct these
specific activities; therefore, Oversight will not reflect the administrative costs DOR has
indicated on the fiscal note.
DOR notes, the fiscal impact estimated above is based on changes in the current MODL
environment. The implementation of this legislation will be coordinated with the integration of
the Department’s Motor Vehicle and Driver Licensing software system approved and passed by
the General Assembly in 2020 (Senate Bill 176). To avoid duplicative technology development
and associated costs to the state, it is recommended a delayed effective date be added to this bill
to correlate with the installation of the new system.
DOR notes OA-ITSD services will be required at a cost of $269,222 in FY 2024 (2,833.92 hours
x $95 per hour).
Oversight does not have any information to the contrary in regards to DOR’s assumptions;
therefore, Oversight will reflect DOR’s OA-ITSD costs on the fiscal note.
Administrative Impact General Counsel's Office (GCO)
DOR notes if the increase is more significant than anticipated or additional laws are passed that
impact the General Counsel’s Office (GCO), additional FTE or Attorneys may be requested
through the appropriations process. It is unclear how many individuals/attorneys will inquire
through GCO regarding client questions regarding installation/suspension of the IID or how
many individuals will appeal to the Circuit Court once their IID has been cancelled or suspended.
Oversight will reflect DOR’s anticipated costs as “could exceed”. Also, 302.457.5(3), the
participant in the program must “pay a fee, determined by the department, that is sufficient to
cover the costs of administration of this section”. Oversight will reflect an unknown amount of
income into General Revenue from this provision.
Officials from the Office of the State Courts Administrator (OSCA) assume there may be
some impact but there is no way to quantify that currently. During the fiscal years 2017 through
2021, the average number of alcohol related case filings of 18,680 potentially could be impacted.
Any significant changes will be reflected in future budget requests.
Oversight assumes OSCA is provided with core funding to handle a certain amount of activity
each year. Oversight assumes OSCA could absorb the costs related to this proposal. If multiple L.R. No. 0679H.01I
Bill No. HB 346
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bills pass which require additional staffing and duties at substantial costs, OSCA could request
funding through the appropriation process.
Officials from the Missouri Highway PatrolMissouri Department of Transportation, and
Office of the State Public Defender each 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 for these agencies.
Officials from the Missouri Office of Prosecution Services did not respond to Oversight’s
request for fiscal impact for this proposal.
FISCAL IMPACT – State GovernmentFY 2024
(10 Mo.)
FY 2025FY 2026GENERAL REVENUE FUNDIncome – DOR – Fees charged to
program participants §302.457.5(3)UnknownUnknownUnknown
Cost – DOR – OA-ITSD services($269,222)$0$0Costs - DORCould
exceed…
Could
exceed….
Could
exceed…
Personnel Service($78,000)($95,472)($97,381) Fringe Benefits($68,145)($82,474)($83,188) Expense & Equipment($10,194)$0$0Total Costs - ($156,339)($177,946)($180,569)FTE Change3 FTE3 FTE3 FTEESTIMATED NET EFFECT ON
THE GENERAL REVENUE FUND
More or Less
than
($425,561)
More or Less
than
($177,946)
More or Less
than
($180,569)
Estimated Net FTE Change on the
General Revenue Fund
Could exceed
3 FTE
Could exceed
3 FTE
Could exceed
3 FTE
FISCAL IMPACT – Local GovernmentFY 2024
(10 Mo.)
FY 2025FY 2026$0$0$0 L.R. No. 0679H.01I
Bill No. HB 346
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FISCAL IMPACT – Small Business
Small businesses that provide ignition interlock device services could be impacted as a result of
this proposal.
FISCAL DESCRIPTION
This bill creates a criminal case diversion program specifically for cases involving driving under
the influence. In such cases, the current diversion program available to prosecutors will not
apply; instead, the provisions of this bill shall apply. A prosecutor may divert a criminal case
involving driving under the influence if certain requirements, specified in the bill, are met. Such
diversion may continue for up to two years, and the defendant may be ordered to comply with
appropriate terms, conditions or programs. One such requirement is the installation of an ignition
interlock device for a period of no less than 12 months on any vehicle the defendant operates,
and the defendant will be prohibited from operating a vehicle that is not equipped with an
ignition interlock device. The defendant will be responsible for the cost of installing the ignition
interlock device, and the defendant will be required to have the device serviced at least once
every 60 days. The installer of the ignition interlock device must notify the Department of
Revenue if the device is removed or indicates that a person has attempted to remove, bypass, or
tamper with the device; if the person fails three or more times to comply with the requirement
that the installer service the device once every 60 days; or if the device registers a failed start.
If the defendant complies with the terms and conditions of the diversion program, the action
against the defendant will be dismissed, the dismissal will be recorded, and the record will be
transmitted to the Department of Revenue. If the defendant does not comply with the terms and
conditions, a hearing will be held after notice to the defendant to determine whether the criminal
proceedings will be reinstated.
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. 0679H.01I
Bill No. HB 346
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SOURCES OF INFORMATION
Department of Revenue
Missouri Highway Patrol
Missouri Department of Transportation
Office of the State Courts Administrator
Office of the State Public Defender
Julie MorffRoss StropeDirectorAssistant DirectorApril 12, 2023April 12, 2023