COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:1277S.02I Bill No.:SB 346 Subject:County Officials; Elections; Political Subdivisions; Secretary of State Type:Original Date:March 27, 2023Bill Summary:This proposal modifies provisions relating to elections.
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND
AFFECTED
FY 2024FY 2025FY 2026Fully
Implemented
(FY 2028)
General Revenue($31,663)($77,512)($108,710)($133,666)Total Estimated
Net Effect on
General
Revenue($31,663)($77,512)($108,710)($133,666)
ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND
AFFECTED
FY 2024FY 2025FY 2026Fully
Implemented
(FY 2028)
Total Estimated
Net Effect on
Other State
Funds $0$0$0$0
Numbers within parentheses: () indicate costs or losses. L.R. No. 1277S.02I
Bill No. SB 346
Page 2 of
March 27, 2023
SAK:LR:OD
ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND
AFFECTED
FY 2024FY 2025FY 2026Fully
Implemented
(FY 2028)
Total Estimated
Net Effect on
All Federal
Funds $0$0$0$0
ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND
AFFECTED
FY 2024FY 2025FY 2026Fully
Implemented
(FY 2028)
Total Estimated
Net Effect on
FTE 000$0
☐ 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
AFFECTED
FY 2024FY 2025FY 2026Fully
Implemented
(FY 2028)
Local
Government$0$0$0$0 L.R. No. 1277S.02I
Bill No. SB 346
Page 3 of
March 27, 2023
SAK:LR:OD
FISCAL ANALYSIS
ASSUMPTION
The Office of the Secretary of State (SOS) assumes 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 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 the 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.
Oversight assumes the SOS could absorb the costs of printing and distributing regulations
related to this proposal. If multiple bills pass which require the printing and distribution of
regulations at substantial costs, the SOS could require additional resources.
Officials from the Department of Corrections (DOC) assume section 115.638 is created to
include the offense of Tampering with an Election Official.
These actions are considered a class D felony offense, unless it results in death or bodily injury
to an election official or their family, in which case it is a class B felony; therefore, the intent of
the bill is to create a new class D felony offense and a new class B felony offense.
For each new nonviolent class D felony, the department estimates three people will be sentenced
to prison and five to probation. The average sentence for a nonviolent class D felony offense is 5
years, of which 2.8 years will be served in prison with 1.7 years to first release. The remaining
2.2 years will be on parole. Probation sentences will be 3 years.
The cumulative impact on the department is estimated to be 8 additional offenders in prison and
22 additional offenders on field supervision by FY 2028. L.R. No. 1277S.02I
Bill No. SB 346
Page 4 of
March 27, 2023
SAK:LR:OD
Given the seriousness of class B felony offenses and that the introduction of a completely new
class B felony offense is a rare event, the department assumes the admission of one person per
year to prison following the passage of the legislative proposal.
Offenders committed to prison with a class B felony as their most serious sentence, had an
average sentence length of 9.0 years and served, on average, 3.4 years in prison prior to first
release. The department assumes one third of the remaining sentence length will be served in
prison as a parole return, and the rest of the sentence will be served on supervision in the
community.
The cumulative impact on the department is estimated to be 5 additional offenders in prison and
4 additional offenders on field supervision by FY 2032.
C
hange in prison admissions and probation openings with legislation-Class D Felony (nonviolent)
F
Y2024
F
Y2025
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
F
Y2033
N
ew Admissions
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
3 3 3 3 3 3 3 3 3 3
P
robation
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
5 5 5 5 5 5 5 5 5 5
C
hange (After Legislation - Current Law)
A
dmissions
3 3 3 3 3 3 3 3 3 3
P
robations
5 5 5 5 5 5 5 5 5 5
C
umulative Populations
P
rison
3 6 8 8 8 8 8 8 8 8
P
arole
0 0 1 4 7 7 7 7 7 7
P
robation
5 1
0
1
5
1
5
1
5
1
5
1
5
1
5
1
5
1
5
I
mpact
P
rison Population
3 6 8 8 8 8 8 8 8 8
F
ield Population
5 1
0
1
6
1
9
2
2
2
2
2
2
2
2
2
2
2
2
P
opulation Change
8 1
6
2
4
2
7
3
0
3
0
3
0
3
0
3
0
3
0
C
hange in prison admissions and probation openings with legislation-Class B Felony
F
Y2024
F
Y2025
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
F
Y2033
N
ew Admissions
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
1 1 1 1 1 1 1 1 1 1
P
robation
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
0 0 0 0 0 0 0 0 0 0
C
hange (After Legislation - Current Law)
A
dmissions
1 1 1 1 1 1 1 1 1 1
P
robations
0 0 0 0 0 0 0 0 0 0
C
umulative Populations
P
rison
1 2 3 4 5 5 5 5 5 5
P
arole
0 0 0 0 0 1 2 3 4 4
P
robation
0 0 0 0 0 0 0 0 0 0
I
mpact
P
rison Population
1 2 3 4 5 5 5 5 5 5
F
ield Population
0 0 0 0 0 1 2 3 4 4
P
opulation Change
1 2 3 4 5 6 7 8 9 9 L.R. No. 1277S.02I
Bill No. SB 346
Page 5 of
March 27, 2023
SAK:LR:OD
Combined Cumulative Impact
The combined cumulative impact of a new class D felony (nonviolent) and a new class B felony
on the department is estimated to be 13 additional offenders in prison and 26 additional offenders
on field supervision by FY 2032.
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.
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. L.R. No. 1277S.02I
Bill No. SB 346
Page 6 of
March 27, 2023
SAK:LR:OD
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.
# to
prison
Cost per
year
Total Costs for
prison
# to
probation
& parole
Cost per
year
Total cost
for
probation
and parole
Grand Total -
Prison and
Probation
(includes 2%
inflation)
Year 14($9,499)($31,663)5$0$0($31,663)Year 28($9,499)($77,512)10$0$0($77,512)Year 311($9,499)($108,710)16$0$0($108,710)Year 412($9,499)($120,965)19$0$0($120,965)Year 513($9,499)($133,666)22$0$0($133,666)Year 613($9,499)($136,340)23$0$0($136,340)Year 713($9,499)($139,066)24$0$0($139,066)Year 813($9,499)($141,848)25$0$0($141,848)Year 913($9,499)($144,685)26$0$0($144,685)Year 1013($9,499)($147,578)26$0$0($147,578)
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, Missouri Office of Prosecution
Services, and Missouri Highway Patrol
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 St. Louis City Board of Elections assume the creation of penalties for
tampering with election officials could dissuade individuals from engaging in such conduct and
encouraging staff to feel safer protected while working and could aid in employee retention, thus
reducing replacement and retraining costs.
Officials from the Jackson County Board of Elections, St. Charles County Board of
Elections, Platte County Board of Elections, St. Louis County Board of Elections, and
Greene County Clerk’s Office 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. L.R. No. 1277S.02I
Bill No. SB 346
Page 7 of
March 27, 2023
SAK:LR:OD
Oversight only reflects the responses received from state agencies and political subdivisions;
however, the Attorney General’s Office and other local election authorities 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
Government
FY 2024
(10 Mo.)
FY 2025FY 2026Fully
Implemented
(FY 2028)
GENERAL REVENUECost – DOC p. 3-6 §115.638
Increased incarceration costs ($31,663)($77,512)($108,710)($133,666)
ESTIMATED NET EFFECT
TO GENERAL REVENUE ($31,663)($77,512)($108,710)($133,666)
FISCAL IMPACT – Local
Government
FY 2024
(10 Mo.)
FY 2025FY 2026Fully
Implemented
(FY 2028)
$0$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
This act modifies various provisions relating to elections.
Candidate Filing Deadlines - Local Offices
(Section 115.127)
Under current law, the period for filing a declaration of candidacy in certain political
subdivisions and special districts is from 8:00 a.m. on the 17th Tuesday prior to the election until
5:00 p.m. on the 14th Tuesday prior to the election. This act provides that if the 14th Tuesday
prior to an election falls on a holiday, then the closing of filing shall be at 5:00 p.m. on the next
day that is not a holiday.
Solicitation of Voter Registration by Public Officials
(Section 115.205) L.R. No. 1277S.02I
Bill No. SB 346
Page 8 of
March 27, 2023
SAK:LR:OD
Under current law, a voter registration solicitor who solicits more than ten voter registration
applications shall register for every election cycle. This act exempts governmental entities or a
person who is paid or compensated by a governmental entity to solicit voter registration
applications from the registration requirement.
Absentee Ballot Applications
(Section 115.284)
The act provides that all lists of absentee ballot applications for persons with permanent
disabilities shall be kept confidential to the extent that such lists of applications shall not be
posted or displayed in any area open to the general public, nor shall such lists of applications be
shown to any person who is not entitled to see such lists of applications, pursuant to any other
provisions of law.
Casting Provisional Ballots
(Section 115.427 and 115.430)
The act permits persons casting an absentee ballot in person to cast a provisional ballot if the
person is otherwise qualified to vote and does not provide an approved form of identification.
Furthermore, the act expands a provision of law governing the casting and counting of
provisional ballots to all public elections, rather than just particular primary or general elections.
Election Offense - Electioneering Near Polling Places
(Section 115.637)
The act expands the offense of exit polling, surveying, sampling, electioneering, distributing
election literature, posting signs or placing vehicles bearing signs with respect to any candidate
or question to be voted on at an election to apply to polling places on Election Day as well as
during the absentee voting period. Additionally, the act increases the distance that such activities
must take place from the polling place from 25 feet to 75 feet. Violation of this provision is
punishable by imprisonment of not more than 1 year or by a fine of not more than $2,500 or by
both such imprisonment and fine.
Tampering with an Election Official
(Section 115.638)
The act creates the offense of tampering with an election official. A person commits the offense
of tampering with an election official if, with the purpose to harass or intimidate an election
official in the performance of such official's official duties, such person:
· Threatens or causes harm to such election official or members of such election official's family;
· Uses force, threats, or deception against or toward such election official or members of such
election official's family;
· Attempts to induce, influence, or pressure an election official or members of an election
official's family to violate Missouri election law;
· Engages in conduct reasonably calculated to harass or alarm such election official or such
election official's family, including stalking;
· Disseminates through any means, including by posting on the internet, the personal information
of an election official or any member of an election official's family. L.R. No. 1277S.02I
Bill No. SB 346
Page 9 of
March 27, 2023
SAK:LR:OD
The offense of tampering with an election official shall be a class D felony. If a violation of this
provision results in death or bodily injury to an election official or a member of the official's
family, the offense shall be a class B felony.
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 Corrections
Missouri Highway Patrol
Office of the Secretary of State
Office of the State Public Defender
Missouri Office of Prosecution Services
Office of the State Courts Administrator
St. Charles County Board of Elections
St. Louis City Board of Elections
Jackson County Board of Elections
Platte County Board of Elections
St. Louis County Board of Elections
Greene County Clerk’s Office
Julie MorffRoss StropeDirectorAssistant DirectorMarch 27, 2023March 27, 2023