COMMITTEE ON LEGISLATIVE RESEARCH OVERSIGHT DIVISION FISCAL NOTE L.R. No.:5341H.01I Bill No.:HB 2603 Subject:Business and Commerce; Telecommunications; Internet and E-Mail Type:Original Date:February 12, 2024Bill Summary:This proposal creates the Caller ID Anti-Spoofing Act to protect businesses and residents from unwanted solicitations from misleading or misidentified solicitors. FISCAL SUMMARY ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2025FY 2026FY 2027General Revenue($8,074)($19,766)($20,161)Total Estimated Net Effect on General Revenue ($8,074)($19,766)($20,161) ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTEDFY 2025FY 2026FY 2027Merchandising Practices Revolving Fund (0631)* $0 or Unknown $0 or Unknown $0 or Unknown Total Estimated Net Effect on Other State Funds $0 or Unknown $0 or Unknown $0 or Unknown *Oversight assumes this proposal could increase collections by the AGO from offenders, but assumes the amount of collections would not reach the $250,000 threshold. Numbers within parentheses: () indicate costs or losses. L.R. No. 5341H.01I Bill No. HB 2603 Page 2 of February 12, 2024 RAS: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 Government$0$0$0 L.R. No. 5341H.01I Bill No. HB 2603 Page 3 of February 12, 2024 RAS:LR:OD FISCAL ANALYSIS ASSUMPTION Officials from the Office of Attorney General (AGO) impact. However, in response to a similar proposal (SB 963), the AGO assumed any potential litigation costs arising from this proposal can be absorbed with existing resources. The AGO stated they may seek additional appropriations if the proposal results in a significant increase in litigation or investigation. Oversight inquired of the AGO regarding the number of cases resolved in the past and the amount collected in judgements. The money received for judgements goes to the Merchandising Practices Revolving Fund (0631). This is the information they provided: Year # of cases Judgements # of collections Collections 2014 17 $758,000 12 $260,500 2015 7 $1,109,000 4 $605,917 2016 6 $43,000 4 $18,000 2017 11 $805,433 6 $305,433 2018 1 $500,133 1 $135 2019 1 $85,000 1 $8,500 2020 0 $0 0 $0 2021 0 $0 0 $0 2022 0 $0 0 $0 2023 3 $244,753,640 2 $15,000 Oversight assumes this proposal may increase the number of cases referred to the AGO and could result in an increase in fine collections under this chapter. Oversight will reflect a $0 or Unknown (assumed to be less than $250,000 in additional collections resulting from these changes) positive fiscal impact to the Merchandising Practices Revolving Fund. Penalty Provisions: Officials from the Department of Corrections (DOC) state HB 2603 creates the “Caller ID Anti-Spoofing Act”. The bill creates section 407.1115, which creates the offense of caller identification spoofing and an associated class E felony penalty. 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 E felony. For each new nonviolent class E felony, the department estimates one person could be sentenced to prison and two to probation. The average sentence for a nonviolent class E felony offense is 3.4 years, of which 2.1 years will be served in prison with 1.4 years to first release. The remaining 1.3 years will be on parole. Probation sentences will be 3 years. L.R. No. 5341H.01I Bill No. HB 2603 Page 4 of February 12, 2024 RAS:LR:OD The cumulative impact on the department is estimated to be 2 additional offenders in prison and 7 additional offenders on field supervision by FY 2027. * 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 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. C hange in prison admissions and probation openings with legislation-Class E Felony (nonviolent) 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 2 2 2 2 2 2 2 2 2 2 C hange (After Legislation - Current Law) A dmissions 1 1 1 1 1 1 1 1 1 1 P robations 2 2 2 2 2 2 2 2 2 2 C umulative Populations P rison 1 2 2 2 2 2 2 2 2 2 P arole 0 0 1 1 1 1 1 1 1 1 P robation 2 4 6 6 6 6 6 6 6 6 I mpact P rison Population 1 2 2 2 2 2 2 2 2 2 F ield Population 2 4 7 7 7 7 7 7 7 7 P opulation Change 3 6 9 9 9 9 9 9 9 9 L.R. No. 5341H.01I Bill No. HB 2603 Page 5 of February 12, 2024 RAS:LR:OD # 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$02($8,074)Year 22($9,689)($19,766)0$04($19,766)Year 32($9,689)($20,161)0$07($20,161)Year 42($9,689)($20,564)0$07($20,564)Year 52($9,689)($20,975)0$07($20,975)Year 62($9,689)($21,395)0$07($21,395)Year 72($9,689)($21,823)0$07($21,823)Year 82($9,689)($22,259)0$07($22,259)Year 92($9,689)($22,704)0$07($22,704)Year 102($9,689)($23,159)0$07($23,159) 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 Missouri Highway Patrol 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 the change to Section 407.1115 would take approximately thirty-five hours of SPD work for reasonably effective representation. If one hundred cases were filed under this section in a fiscal year, representation would result in a need for an additional one to two 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 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 no measurable fiscal impact to MOPS. The enactment of a new crime [407.1115] creates additional responsibilities for county prosecutors and the circuit attorney which may in turn result in additional costs which are difficult to determine. L.R. No. 5341H.01I Bill No. HB 2603 Page 6 of February 12, 2024 RAS:LR:OD Official from the Office of the State Courts Administrator there is no way to quantify that currently. Any significant changes will be reflected in future budget requests. FISCAL IMPACT – State GovernmentFY 2025 (10 Mo.) FY 2026FY 2027GENERAL REVENUECosts – DOC (§407.1115) Increased incarceration costs p. 3-4($8,074)($19,766)($20,161) ESTIMATED NET EFFECT ON GENERAL REVENUE($8,074)($19,766)($20,161) MERCHANDISNG PRACTICES REVOLVING (0631) AGO – Potential increase in judgement collections for expansion of Telemarketing No-Call statutes §§407.1095 – 407.1110 p. 3 . $0 or Unknown $0 or Unknown $0 or Unknown ESTIMATED NET EFFECT TO THE MERCHANDISNG PRACTICES REVOLVING (0631) $0 or Unknown $0 or Unknown $0 or Unknown FISCAL IMPACT – Local GovernmentFY 2025 (10 Mo.) FY 2026FY 2027$0$0$0 FISCAL IMPACT – Small Business Small businesses may desire to be placed on the no-call list as a result of this proposal. L.R. No. 5341H.01I Bill No. HB 2603 Page 7 of February 12, 2024 RAS:LR:OD FISCAL DESCRIPTION This bill adds business subscribers to the No-Call List and specifies that a person does not have to renew his or her objection to receiving solicitations. The bill also establishes the "Caller ID Anti-Spoofing Act" which creates the offense of caller identification spoofing. The offense is a class E felony. Exceptions to the offense are specified in the bill. The recipient of any call in which the caller uses false caller ID information has standing to recover punitive damages against the caller in an amount up to $5,000 per call. Call recipients may bring action under this section as a class. The Attorney General may initiate legal proceedings or intervene in legal proceedings on behalf of call recipients. 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 Corrections Missouri Highway Patrol Missouri Office of Prosecution Services Office of the State Courts Administrator Office of the State Public Defender Julie MorffRoss StropeDirectorAssistant DirectorFebruary 12, 2024February 12, 2024