COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:1937H.02C Bill No.:HCS for HB Nos. 919 & 1081Subject:State Employees; Public Officers; Science and Technology; Crimes and
Punishment; Criminal Procedure; Motor Vehicles; Search and Seizure
Type:Original Date:February 24, 2023Bill Summary:This proposal modifies privacy protections.
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. 1937H.02C
Bill No. HCS for HB Nos. 919 & 1081
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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. 1937H.02C
Bill No. HCS for HB Nos. 919 & 1081
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FISCAL ANALYSIS
ASSUMPTION
§565.260 – Protecting a person’s privacy
In response to a similar proposal from this year (HB 1081), officials from the Missouri Office of
Prosecution Services (MOPS) assumed the proposal will have no measurable fiscal impact on
MOPS. The enactment of a new crime (565.260.4) creates additional responsibilities for county
prosecutors and the circuit attorney which may, in turn, result in additional costs, which are
difficult to determine.
In response to a similar proposal from this year (HB 1081), officials from the Office of the State
Public Defender (SPD) stated the proposed legislation creates new offenses under sections
542.402 and 565.260 which could result in additional cases eligible for SPD representation. The
number of additional cases is unknown and as a result the fiscal impact is unknown. However, if
the offenses, which are classified as misdemeanors, were class D misdemeanors, jail time would
not be a possible sentence and the offense, therefore, would not be 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.
In response to a similar proposal from this year (HB 1081), officials from the from the Kansas
City Police Department, the St. Joseph Police DepartmentSt. Louis County Police
Department, the Phelps County Sheriff’s Department, the Fruitland Area Fire Protection
District, and the Cole Camp Ambulance District assumed the proposal will have no fiscal
impact on their respective organizations.
In response to a similar proposal from this year (HB 1081), officials from the Branson Police
Department stated as for the vehicle tracking changes, there are no anticipated negative impacts
and are in line with applicable case law.
Oversight also notes a violation of the provisions of section 565.260 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 L.R. No. 1937H.02C
Bill No. HCS for HB Nos. 919 & 1081
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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:
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$2.00
Oversight only reflects the responses received from state agencies and political subdivisions;
however, other ambulance/EMS, fire protection districts, 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.
§105.1675 – Anti-Surveillance and Foreign Intervention Act
Officials from the Attorney General’s Office, the Department of Economic Development, the
Department of Elementary and Secondary Education, the Department of Higher Education
and Workforce Development, the, the Department of Natural
Resources, the Department of Revenue, the Department of Public Safety (Office of the
Director Capitol Police, Alcohol & Tobacco Control, Fire Safety, Gaming Commission,
Missouri Highway Patrol Missouri National Guard, State Emergency Management
Agency), the Office of the Governor, the Joint Committee on Administrative Rules, the
Joint Committee on Public Employee Retirement, the Missouri Lottery Commission, the
Missouri Consolidated Health Care Plan, the Missouri Ethics Commission, the Missouri
House of Representatives, the Department of Transportation, the Office of Prosecution
Services Office of AdministrationBudget and Planning), the Office of the State Courts
Administrator, the Office of the State Auditor, the Missouri Senate, the Office of the State L.R. No. 1937H.02C
Bill No. HCS for HB Nos. 919 & 1081
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Public Defender, the Office of the State Treasurer and the State Tax Commission each
assume the proposal will have no fiscal impact on their respective organizations.
Oversight notes that the above mentioned agencies have stated the proposal would not have a
direct fiscal impact on their organization. Oversight does not have any information to the
contrary. Therefore, Oversight will reflect a zero impact on the fiscal note for this section.
Officials from the Department of Social Services and the Missouri Department of
Agriculture
In response to a previous version, officials from the Department of Commerce and Insurance
the Department of Health and Senior Services, the Department of Corrections, the
Department of Labor and Industrial Relations, the and the Office
of the Secretary of State assume the proposal will have no fiscal impact on their respective
organizations.
Oversight notes that the above mentioned agencies have stated the proposal would not have a
direct fiscal impact on their organization. Oversight does not have any information to the
contrary. Therefore, Oversight will reflect a zero impact on the fiscal note for this section.
FISCAL IMPACT – State GovernmentFY 2024
(10 Mo.)
FY 2025FY 2026VARIOUS STATE FUNDSRevenue – (§565.260) Court costs paid
in 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
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 L.R. No. 1937H.02C
Bill No. HCS for HB Nos. 919 & 1081
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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 creates the offense of unlawful tracking of a motor vehicle, which a person commits if
he or she knowingly installs, conceals, or otherwise places an electronic tracking device in or on
a motor vehicle without the consent of all owners of the vehicle for the purpose of monitoring or
following an occupant of the vehicle. The bill provides exceptions to the offense. The offense of
unlawful tracking of a motor vehicle 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.
SOURCES OF INFORMATION
Attorney General’s Office
Department of Economic Development
Department of Elementary and Secondary Education
Department of Higher Education and Workforce Development
Department of Health and Senior Services
Department of Mental Health
Department of Natural Resources
Department of Corrections
Department of Labor and Industrial Relations
Department of Revenue
Department of Public Safety
Department of Social Services
Missouri Consolidated Health Care Plan
Missouri Department of Agriculture
Missouri Ethics Commission
Missouri House of Representatives
Missouri Department of Transportation
Missouri Office of Prosecution Services
Office of Administration – Budget and Planning
Facilities Management, Design and Construction
Office of the State Courts Administrator L.R. No. 1937H.02C
Bill No. HCS for HB Nos. 919 & 1081
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Office of the State Auditor
Missouri Senate
Office of the Secretary of State
State Tax Commission
Julie MorffRoss StropeDirectorAssistant DirectorFebruary 24, 2023February 24, 2023