COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:0693H.02C Bill No.:HCS for HB Nos. 494 & 498 Subject:Crimes and Punishment; Criminal Procedure Type:Original Date:April 14, 2023Bill Summary:This proposal modifies provisions relating to sexually oriented businesses.
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2024FY 2025FY 2026General Revenue ($7,916) ($19,378) ($19,766)Total Estimated Net
Effect on General
Revenue ($7,916) ($19,378) ($19,766)
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. 0693H.02C
Bill No. HCS for HB Nos. 494 & 498
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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. 0693H.02C
Bill No. HCS for HB Nos. 494 & 498
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FISCAL ANALYSIS
ASSUMPTION
§573.520 – Adult cabaret
Officials from the Department of Corrections (DOC) state this proposal creates the offenses of
engaging in an adult cabaret performance, a class A misdemeanor and engaging in an adult
cabaret performance-2
nd
or subsequent offense, a class E felony.
As these are new crimes, there is little direct data on which to base an estimate and, as such, the
department estimates an impact comparable to the creation of a new class E felony. Since
misdemeanors fall outside of the purview of DOC, a class A misdemeanor does not have any
impact for DOC.
For each new nonviolent class E felony, the department estimates one person could be sentenced
to prison and two to probation. The average sentence for a nonviolent class E felony offense is
3.4 years, of which 2.1 years will be served in prison with 1.4 years to first release. The
remaining 1.3 years will be on parole. Probation sentences will be 3 years.
The cumulative impact on the department is estimated to be 2 additional offenders in prison and
7 additional offenders on field supervision by FY 2026.
# to
prison
Cost per
year
Total Costs for
prison
Change in
probation
& parole
officers
Total cost
for
probation
and
parole
# to
probation
& parole
Grand Total -
Prison and
Probation
(includes 2%
inflation)
Year 11($9,499)($7,916)0$02($7,916)Year 22($9,499)($19,378)0$04($19,378)Year 32($9,499)($19,766)0$07($19,766)Year 42($9,499)($20,161)0$07($20,161)Year 52($9,499)($20,564)0$07($20,564)Year 62($9,499)($20,975)0$07($20,975)Year 72($9,499)($21,395)0$07($21,395)Year 82($9,499)($21,823)0$07($21,823)Year 92($9,499)($22,259)0$07($22,259)Year 102($9,499)($22,704)0$07($22,704)
If this impact statement has changed from statements submitted in previous years, it could be due
to an increase/decrease in the number of offenders, a change in the cost per day for institutional
offenders, and/or an increase in staff salaries. L.R. No. 0693H.02C
Bill No. HCS for HB Nos. 494 & 498
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If the projected impact of legislation is less than 1,500 offenders added to or subtracted from the
department’s institutional caseload, the marginal cost of incarceration will be utilized. This cost
of incarceration is $26.024 per day or an annual cost of $9,499 per offender and includes such
costs as medical, food, and operational E&E. However, if the projected impact of legislation is
1,500 or more offenders added or removed to the department’s institutional caseload, the full
cost of incarceration will be used, which includes fixed costs. This cost is $87.46 per day or an
annual cost of $31,921 per offender and includes personal services, all institutional E&E,
medical and mental health, fringe, and miscellaneous expenses. None of these costs include
construction to increase institutional capacity.
DOC’s cost of probation or parole is determined by the number of P&P Officer II positions that
are needed to cover its caseload. The DOC average district caseload across the state is 51
offender cases per officer. An increase/decrease of 51 cases would result in a cost/cost avoidance
equal to the salary, fringe, and equipment and expenses of one P&P Officer II.
Increases/decreases smaller than 51 offender cases are assumed to be absorbable.
In instances where the proposed legislation would only affect a specific caseload, such as sex
offenders, the DOC will use the average caseload figure for that specific type of offender to
calculate cost increases/decreases.
Oversight does not have any information contrary to that provided by DOC. Therefore,
Oversight will reflect DOC’s estimated impact for fiscal note purposes.
Officials from the Office of the State Public Defender (SPD) state the proposed legislation
creates a new offense under Section 573.520 which could result in additional cases eligible for
SPD representation. The fiscal impact is unknown as the number of additional cases is unknown.
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 enactment of new crimes (226.531.4 and
573.520) creates additional responsibilities for county prosecutors and the circuit attorney which
may, in turn, result in additional costs, which are difficult to determine.
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
regulations to implement the act. The SOS is provided with core funding to handle a certain L.R. No. 0693H.02C
Bill No. HCS for HB Nos. 494 & 498
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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 Attorney General’s Office, the Department of Health and Senior Services,
the Department of Public Safety - Missouri Highway Patrol, the Missouri Department of
Transportation, the City of Kansas City, the City of O’Fallon, the City of Springfield, the
Branson Police DepartmentKansas City Police Department, the St. Joseph Police
Department, the St. Louis County Police Department, and the Phelps County Sheriff’s
Department assume the proposal will have no fiscal impact on their organization.
In response to a previous version, officials from the Office of the State Courts Administrator
and the Jefferson City assumed the proposal will have no fiscal impact on their
respective organizations.
Oversight only reflects the responses received from state agencies and political subdivisions;
however, other cities, counties 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 (§573.520) Increased
incarceration costs p. 3-4 ($7,916) ($19,378) ($19,766)
ESTIMATED NET EFFECT ON
THE GENERAL REVENUE FUND($7,916)($19,378)($19,766)
FISCAL IMPACT – Local GovernmentFY 2024
(10 Mo.)
FY 2025FY 2026$0$0$0 L.R. No. 0693H.02C
Bill No. HCS for HB Nos. 494 & 498
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FISCAL IMPACT – Small Business
Certain sexually-oriented small businesses could be impacted as a result of this proposal.
FISCAL DESCRIPTION
ADULT CABERET PERFORMANCES (Section 573.520)
This bill defines "adult cabaret performance" and creates the offense of engaging in an adult
cabaret performance, which is a class A misdemeanor for a first offense and a class E felony for
a second or subsequent offense. A person commits the offense of engaging in an adult cabaret
performance if the performance is on public property or is in a location where the performance
could be viewed by a person who is not an adult.
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 Highway Patrol
Missouri Department of Transportation
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 Jefferson City
City of Kansas City
City of O’Fallon
City of Springfield
Branson Police Department
Kansas City Police Department
St. Joseph Police Department
St. Louis County Police Department
Phelps County Sheriff’s Department
Julie MorffRoss StropeDirectorAssistant DirectorApril 14, 2023April 14, 2023