COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:1351H.01I Bill No.:HB 439 Subject:Licenses - Driver's; Department of RevenueType:Original Date:January 25, 2023Bill Summary:This proposal modifies provisions relating to emergency orders to suspend
peace officer licenses.
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2024FY 2025FY 2026General Revenue($67,269)($78,311)($79,565)Total Estimated Net
Effect on General
Revenue($67,269)($78,311)($79,565)
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. 1351H.01I
Bill No. HB 439
Page 2 of
January 25, 2023
DD:LR:OD
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 2026General Revenue1 FTE1 FTE1 FTETotal Estimated Net
Effect on FTE1 FTE1 FTE1 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. 1351H.01I
Bill No. HB 439
Page 3 of
January 25, 2023
DD:LR:OD
FISCAL ANALYSIS
ASSUMPTION
§590.090 – Suspension of peace officer’s license
Officials from the Department of Public Safety - Office of the Director (DPS) state in order to
complete the actions, DPS will need one (1) FTE Senior Non-Commissioned Investigator.
In response to similar legislation from 2021 (HB 1089), DPS stated if the Director has no
discretion on whether to issue an emergency suspension of an officer’s license, that means every
licensee who has committed one or more of the offenses outlined in 590.090.2 must have their
license placed on emergency suspension.. Before an emergency suspension can take place, the
certified supporting documentation must be gathered, presented to the Director, and then
forwarded to the Attorney General’s Office for a complaint to be filed by them in the
Administrative Hearing Commission.
DPS’ two investigators are currently managing 307 active POST cases and ensuring the
probationary conditions of officers who have already been disciplined are being followed. Any
additional investigative duties will require additional staff.
Oversight does not have any information contrary to that provided by DPS. Therefore,
Oversight will reflect DPS’s impact for fiscal note purposes.
FISCAL IMPACT – State
Government
FY 2024
(10 Mo.)
FY 2025FY 2026GENERAL REVENUECost – DPS (§590.090) Peace officer
license suspension p. 3
Personal services($36,767)($45,003)($45,903) Fringe benefits($26,743)($32,422)($32,758) Equipment and expense($3,759)($886)($904)Total cost – DPS($67,269)($78,311)($79,565) FTE Change – DPS1 FTE1 FTE1 FTEESTIMATED NET EFFECT ON
THE GENERAL REVENUE
FUND($67,269)($78,311)($79,565)
Estimated Net FTE Change to the
General Revenue Fund1 FTE1 FTE1 FTE L.R. No. 1351H.01I
Bill No. HB 439
Page 4 of
January 25, 2023
DD:LR:OD
FISCAL IMPACT – Local
Government
FY 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.
FISCAL DESCRIPTION
Currently, when the Director of Public Safety finds probable cause to immediately suspend a
peace officer as a result of a disciplinary complaint, the Director may, without notice or a
hearing, issue an emergency order to suspend the officer's license until final determination of the
disciplinary complaint. This bill requires the Director to issue the emergency order to suspend
the officer's license, instead of leaving it up the Director's discretion.
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 –
Office of the Director
Julie MorffRoss StropeDirectorAssistant DirectorJanuary 25, 2023January 25, 2023