COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:3318H.01I Bill No.:HB 2140 Subject:Elections; County Officials Type:Original Date:January 15, 2024Bill Summary:This proposal modifies provisions relating to elections.
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND
AFFECTED
FY 2025FY 2026FY 2027Fully
Implemented
(FY 2029)
General Revenue
($8,074)($19,766)($30,241)($52,438)
Total Estimated
Net Effect on
General
Revenue($8,074)($19,766)($30,241)($52,438)
ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND
AFFECTED
FY 2025FY 2026FY 2027Fully
Implemented
(FY 2029)
Total Estimated
Net Effect on
Other State
Funds $0$0$0$0
Numbers within parentheses: () indicate costs or losses. L.R. No. 3318H.01I
Bill No. HB 2140
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January 15, 2024
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ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND
AFFECTED
FY 2025FY 2026FY 2027Fully
Implemented
(FY 2029)
Total Estimated
Net Effect on
All Federal
Funds $0$0$0$0
ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND
AFFECTED
FY 2025FY 2026FY 2027Fully
Implemented
(FY 2029)
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 2025FY 2026FY 2027Fully
Implemented
(FY 2029)
Local
Government$0$0$0$0 L.R. No. 3318H.01I
Bill No. HB 2140
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January 15, 2024
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FISCAL ANALYSIS
ASSUMPTION
Sections 115.638 – Tampering with an Election Official
Officials from the Department of Corrections (DOC) state this proposal modifies provisions
relating to elections. Section 115.638 is created to include the offense of Tampering with an
Election Official. The offense of tampering with an election official is a class C misdemeanor
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.
As misdemeanors fall outside the purview of the Department of Corrections, they will not be
analyzing their projected impact. Thus, as it relates to DOC, the intent of the bill is to create one
new class B felony offense. 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 B felony.
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, have 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 2033. L.R. No. 3318H.01I
Bill No. HB 2140
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January 15, 2024
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# 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($9,689)($8,074)0$00($8,074)Year 22($9,689)($19,766)0$00($19,766)Year 33($9,689)($30,241)0$00($30,241)Year 44($9,689)($41,128)0$00($41,128)Year 55($9,689)($52,438)0$00($52,438)Year 65($9,689)($53,487)0$01($53,487)Year 75($9,689)($54,557)0$02($54,557)Year 85($9,689)($55,648)0$03($55,648)Year 95($9,689)($56,761)0$04($56,761)Year 105($9,689)($57,896)0$04($57,896)
* 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 $26.545 per day or an annual cost of $9,689 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
C
hange in prison admissions and probation openings with legislation-Class B Felony
F
Y2025
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
F
Y2033
F
Y2034
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. 3318H.01I
Bill No. HB 2140
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cost of incarceration will be used, which includes fixed costs. This cost is $99.90 per day or an
annual cost of $36,464 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 impact for fiscal note purposes.
Officials from the Office of the State Public Defender (SPD) state per the recently released
National Public Defense Workload Study, the new charge contemplated by this change to
Section 115.638, creating a class B or C felony, would take approximately fifty-seven hours of
SPD work for reasonably effective representation. Representation in one hundred cases under
this section would result in a need for an additional three attorneys. Because the number of cases
that will be filed under this statute is unknown, the exact additional number of attorneys
necessary is unknown. Each case would also result in unknown increased costs in the need for
core staff, travel, and litigation expenses.
Oversight assumes this proposal will not create the number of new cases required to request
additional FTE for the SPD 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) state there is no
measurable fiscal impact to MOPS. The enactment of a new crime [115.638] 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 assume the proposal will not have a fiscal
impact to their office, other than the potential promulgation of rules (below). L.R. No. 3318H.01I
Bill No. HB 2140
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Officials from the Missouri Highway Patrol the Jackson County Election Authority, the
Platte County Election Authority, the St. Louis City Board of Elections, the St. Louis
County Election Authority and the Greene County Clerk each assume the proposal will have
no fiscal impact on their respective organizations for this proposal.
Rule Promulgation
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.
FISCAL IMPACT – State
Government
FY 2025
(10 Mo.)
FY 2026FY 2027Fully
Implemented
(FY 2029)
GENERAL REVENUECosts – DOC
(115.638) p. 7
Increased in incarceration costs
($8,074)($19,766)($30,241)($52,438)
ESTIMATED NET EFFECT
ON GENERAL REVENUE($8,074)($19,766)($30,241)($52,438)
FISCAL IMPACT – Local
Government
FY 2025
(10 Mo.)
FY 2026FY 2027Fully
Implemented
(FY 2029)
$0$0$0$0
FISCAL IMPACT – Small Business
No direct fiscal impact to small businesses would be expected as a result of this proposal. L.R. No. 3318H.01I
Bill No. HB 2140
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FISCAL DESCRIPTION
This bill establishes the offense of tampering with an election official as a class one election
offense. If the prohibited activity results in death or bodily injury to an election official or
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
Missouri Highway Patrol
Office of the Secretary of State
Department of Corrections
Missouri Office of Prosecution Services
Office of the State Public Defender
Jackson County Election Authority
Platte County Election Authority
St. Louis City Board of Elections
St. Louis County Election Authority
Greene County Clerk
Julie MorffRoss StropeDirectorAssistant DirectorJanuary 15, 2024January 15, 2024