COMMITTEE ON LEGISLATIVE RESEARCH OVERSIGHT DIVISION FISCAL NOTE L.R. No.:1497H.01I Bill No.:HB 531 Subject:Crimes and Punishment; Criminal Procedure; Motor Vehicles Type:Original Date:April 11, 2023Bill Summary:This proposal establishes the offense of unlawful tracking of 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. 1497H.01I Bill No. HB 531 Page 2 of April 11, 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 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. 1497H.01I Bill No. HB 531 Page 3 of April 11, 2023 DD:LR:OD FISCAL ANALYSIS ASSUMPTION §565.260 – Unlawful tracking of a motor vehicle Officials from the Office of the State Public Defender (SPD) state the proposed legislation creates a new misdemeanor offense under Section 565.260. This new offense could result in additional cases eligible for SPD representation. The new charge is currently classified as a class B misdemeanor. Reclassification of the offense to a class D misdemeanor would eliminate the possibility of jail time for the offense would result in the offense not being 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 enactment 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. Oversight notes a violation of the provisions of section 565.260 is a class B misdemeanor which carries a fine not to exceed $1,000 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. 1497H.01I Bill No. HB 531 Page 4 of April 11, 2023 DD:LR:OD 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 $1.00Motorcycle 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$2.00 Officials from the Department of Mental Health, the Department of Public Safety - Missouri Highway PatrolDepartment of Social Services, the Missouri Department of Conservation, the Office of the State Courts AdministratorKansas City Police Department, the St. Joseph Police Department, the St. Louis County Police Department, and the 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. Oversight only reflects the responses received from state agencies and political subdivisions; however, other 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 2026VARIOUS STATE FUNDSRevenue – (§565.260) 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. 1497H.01I Bill No. HB 531 Page 5 of April 11, 2023 DD:LR:OD FISCAL IMPACT – Local GovernmentFY 2024 (10 Mo.) FY 2025FY 2026LOCAL POLITICAL SUBDIVISIONS Revenue – (§565.260) Court costs p. 3-4 Less than $250,000 Less than $250,000 Less than $250,000 Revenue - (§565.260) 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 UNLAWFUL TRACKING OF A MOTOR VEHICLE (Section 565.260) This bill establishes the offense of unlawful tracking of a motor vehicle if a person knowingly installs, conceals, or otherwise places an electronic tracking device on a motor vehicle without the consent of all owners of the vehicle. There are several exceptions to the offense as described in the bill, including, but not limited to, for the purposes of a criminal investigation, at the discretion of a parent or legal guardian, or if the vehicle is being repossessed. 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 Mental Health Department of Public Safety – Missouri Highway Patrol Department of Social Services Missouri Department of Conservation Missouri Office of Prosecution Services Office of the State Courts Administrator Office of the State Public Defender L.R. No. 1497H.01I Bill No. HB 531 Page 6 of April 11, 2023 DD:LR:OD Kansas City Police Department St. Joseph Police Department St. Louis County Police Department Phelps County Sheriff’s Department Julie MorffRoss StropeDirectorAssistant DirectorApril 11, 2023April 11, 2023