COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:4828H.01I Bill No.:HB 2137 Subject:Courts; Department of Public Safety; Attorneys; Law Enforcement Officers and
Agencies; Evidence
Type:Original Date:February 28, 2024Bill Summary:Modifies provisions relating to the "pretrial witness protection services
fund".
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2025FY 2026FY 2027Total Estimated Net
Effect on General
Revenue $0$0$0
ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTEDFY 2025FY 2026FY 2027Pretrial Witness
Protection*(Unknown)(Unknown)(Unknown)
Total Estimated Net
Effect on Other State
Funds(Unknown)(Unknown)(Unknown)
*Reimbursements to law enforcement agencies and/or prosecuting or circuit attorney’s offices is
assumed to be less than $250,000 annually based on past disbursements.
Numbers within parentheses: () indicate costs or losses. L.R. No. 4828H.01I
Bill No. HB 2137
Page 2 of
February 28, 2024
HWC:LR:OD
ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND AFFECTEDFY 2025FY 2026FY 2027Total Estimated Net
Effect on All Federal
Funds $0$0$0
ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND AFFECTEDFY 2025FY 2026FY 2027Total 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 2025FY 2026FY 2027Local GovernmentUnknownUnknownUnknown L.R. No. 4828H.01I
Bill No. HB 2137
Page 3 of
February 28, 2024
HWC:LR:OD
FISCAL ANALYSIS
ASSUMPTION
§491.641 – Pretrial Witness Protection Services Fund
Officials from the Department of Public Safety (DPS) – Director’s Office state this legislation
will make it easier for entities to spend funding from the Witness Protection Fund. This fund has
been stagnate in spending since its creation. It is assumed that approximately $100,000 -
$150,000 in reimbursements will be requested by law enforcement, county prosecutors and the
circuit attorney for FY 2025; between $125,000 - $175,000 for FY 2026; and between $150,000
- $200,000 for FY 2027.
Oversight notes the Pretrial Witness Protection Fund was enacted by HB 66 during the 2020
Special session and became effective September 21, 2020. One million dollars was transferred
into the fund and on June 30, 2021, the fund balance was $1,000,497. During FY 2022, another
$1 million was transferred into the fund, as well as interest income, but only slightly over
$14,400 was disbursed from the fund. The ending fund balance was just under $2 million.
During FY 2023, distributions were approximately $39,300 and the year-end fund balance was
$2,012,135. The fund balance as of January 31, 2024 was $2,029,154.
Oversight contacted DPS-DO officials to determine how DPS came up with the estimates
provided above. Officials said this was a best guess as they have no way to calculate how much
might be requested by law enforcement, county prosecutors and the circuit attorney in witness
protection costs. Therefore, Oversight will assume an unknown impact to the Pretrial Witness
Protection Fund (0868). Based on previous disbursements, Oversight assumes disbursements will
be less than $250,000 annually.
Officials from the Office of Attorney General (AGO)
arising from this proposal can be absorbed with existing resources. However, the AGO may seek
additional appropriations if the proposal results in a significant increase in litigation or
investigation costs.
Oversight does not have any information to the contrary. Therefore, Oversight assumes the
AGO will be able to perform any additional duties required by this proposal with current staff
and resources and will reflect no fiscal impact to the AGO for fiscal note purposes.
Officials from the Department of Natural Resources, the DPS – Capital Police and Missouri
Highway PatrolDepartment of Social Services, the Missouri Department of
Conservation, the Office of the State Public Defender, the Office of the State Treasurer, the
Phelps County Sheriff’s Department, Office of the State Courts Administrator and the
Missouri Office of Prosecution Services 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. 4828H.01I
Bill No. HB 2137
Page 4 of
February 28, 2024
HWC:LR:OD
Rule Promulgation
Officials from the Joint Committee on Administrative Rules assume this proposal is not
anticipated to cause a fiscal impact beyond its current appropriation.
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
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.
Oversight only reflects the responses received from state agencies and political subdivisions;
however, other sheriffs’ departments and county prosecutors 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 2025
(10 Mo.)
FY 2026FY 2027PRETRIAL WITNESS
PROTECTION FUND (0868)
Costs – DPS (§491.641) –
reimbursement of pretrial witness
protection costs p. 3(Unknown)(Unknown)(Unknown)
ESTIMATED NET EFFECT ON
THE PRETRIAL WITNESS
PROTECTION FUND(Unknown)(Unknown)(Unknown) L.R. No. 4828H.01I
Bill No. HB 2137
Page 5 of
February 28, 2024
HWC:LR:OD
FISCAL IMPACT – Local GovernmentFY 2025
(10 Mo.)
FY 2026FY 2027LOCAL GOVERNMENTS –
COUNTY PROSECUTORS AND
LAW ENFORCEMENT
Income – County Prosecutors/Law
Enforcement (§491.641) –
reimbursement of pretrial witness
protection costs p.3UnknownUnknownUnknown
ESTIMATED NET EFFECT ON
LOCAL GOVERNMENTSUnknownUnknownUnknown
FISCAL IMPACT – Small Business
No direct fiscal impact to small businesses would be expected as a result of this proposal.
FISCAL DESCRIPTION
Currently, any law enforcement agency may provide for the security of witnesses and others in
criminal proceedings or investigations. This bill allows any prosecuting attorney's office to
provide such security as well. The Department of Public Safety may authorize funds to be
disbursed to prosecuting attorneys' offices for such offices to be able to provide security.
(§491.641)
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 Natural Resources
Department of Public Safety –
Capitol Police
Director’s Office
Missouri Highway Patrol
Department of Social Services
Missouri Department of Conservation
Office of the Secretary of State
Office of the State Public Defender L.R. No. 4828H.01I
Bill No. HB 2137
Page 6 of
February 28, 2024
HWC:LR:OD
Office of the State Treasurer
Phelps County Sheriff’s Department
Joint Committee on Administrative Rules
Missouri Office of Prosecution Services
Office of the State Courts Administrator
Julie MorffRoss StropeDirectorAssistant DirectorFebruary 28, 2024February 28, 2024