COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:5625H.01I Bill No.:HJR 134 Subject:Constitutional Amendments; Law Enforcement Officers and Agencies; Crimes
and Punishment; Courts; Department of Public Safety; Workers Compensation;
Department of Labor and Industrial Relations; Emergencies; Fees
Type:Original Date:April 8, 2024Bill Summary:This proposal proposes a constitutional amendment relating to first
responders.
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND
AFFECTED
FY 2025FY 2026FY 2027Fully
Implemented
(FY 2034)
General
Revenue*
$0 or (More than
$8,004,037)$0 or ($19,766)$0 or ($30,241)$0 or ($115,793)
Total Estimated
Net Effect on
General
Revenue
$0 or (More
than $8,004,037)
$0 or ($19,766)$0 or ($30,241)$0 or ($115,793)
*The potential fiscal impact of “(More than $8,000,000)” would be realized only if a special
election were called by the Governor to submit this joint resolution to voters. The additional
impact from the Department of Corrections would only be realized if the joint resolution is
approved by voters (reflected as “$0 or”).
Numbers within parentheses: () indicate costs or losses. L.R. No. 5625H.01I
Bill No. HJR 134
Page 2 of
April 8, 2024
NM:LR:OD
ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND
AFFECTED
FY 2025FY 2026FY 2027Fully
Implemented
(FY 2034)
Line of Duty
Compensation
Fund (0939)
$0 or more or
less than
$6,693,320
$0 or more or
less than
$6,693,320
$0 or more or
less than
$6,693,320
$0 or more or
less than
$6,693,320
Total Estimated
Net Effect on
Other State
Funds
$0 or more or
less than
$6,693,320
$0 or more or
less than
$6,693,320
$0 or more or
less than
$6,693,320
$0 or more or
less than
$6,693,320
ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND
AFFECTED
FY 2025FY 2026FY 2027Fully
Implemented
(FY 2034)
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 2034)
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. L.R. No. 5625H.01I
Bill No. HJR 134
Page 3 of
April 8, 2024
NM:LR:OD
ESTIMATED NET EFFECT ON LOCAL FUNDSFUND
AFFECTED
FY 2025FY 2026FY 2027Fully
Implemented
(FY 2034)Local
Government*
$0 or
(Unknown,
could exceed
$75,000)
$0 or
(Unknown,
could exceed
$150,000)
$0 or
(Unknown,
could exceed
$150,000)
$0 or
(Unknown,
could exceed
$150,000)
*Transfer out and transfer in net to zero if the Governor calls a special election.
FISCAL ANALYSIS
ASSUMPTION
Oversight notes the provisions of this proposal are subject to a vote of the people. In the event
the proposal does not pass, the provisions would not be implemented and the fiscal impact would
be $0. Therefore, for fiscal note purposes, all costs will be ranged as “$0 or...” for the
appropriate agency and fund.
Officials from Office of the Secretary of State (SOS) assume, each year, a number of joint
resolutions that would refer to a vote of the people a constitutional amendment and bills that
would refer to a vote of the people the statutory issue in the legislation may be considered by the
General Assembly.
Unless a special election is called for the purpose, Joint Resolutions proposing a constitutional
amendment are submitted to a vote of the people at the next general election. Article XII section
2(b) of the Missouri Constitution authorizes the Governor to order a special election for
constitutional amendments referred to the people. If a special election is called to submit a Joint
Resolution to a vote of the people, section 115.063.2 RSMo requires the state to pay the costs.
The cost of the special election has been estimated to be $8 million based on the cost of the 2022
primary and general election reimbursements.
The Secretary of State’s office is required to pay for publishing in local newspapers the full text
of each statewide ballot measure as directed by Article XII, Section 2(b) of the Missouri
Constitution and Section 116.230-116.290, RSMo. Funding for this item is adjusted each year
depending upon the election cycle. A new decision item is requested in odd numbered fiscal
years and the amount requested is dependent upon the estimated number of ballot measures that
will be approved by the General Assembly and the initiative petitions certified for the ballot. In
FY 2014, the General Assembly changed the appropriation so that it was no longer an estimated
appropriation. L.R. No. 5625H.01I
Bill No. HJR 134
Page 4 of
April 8, 2024
NM:LR:OD
For the FY25 petitions cycle, the SOS estimates publication costs at $60,000 per page. This
amount is subject to change based on number of petitions received, length of those petitions and
rates charged by newspaper publishers.
The Secretary of State’s office will continue to assume, for the purposes of this fiscal note, that it
should have the full appropriation authority it needs to meet the publishing requirements.
Because these requirements are mandatory, the SOS reserves the right to request funding to meet
the cost of the publishing requirements if the Governor and the General Assembly again change
the amount or continue to not designate it as an estimated appropriation.
Oversight has reflected, in this fiscal note, the state potentially reimbursing local political
subdivisions the cost of having this joint resolution voted on during a special election in fiscal
year 2025. This reflects the decision made by the Joint Committee on Legislative Research that
the cost of the elections should be shown in the fiscal note. The next scheduled statewide general
election is in November 2024 (FY 2025). It is assumed the subject within this proposal could be
on this ballot; however, it could also be on a special election called for by the Governor (a
different date). Therefore, Oversight will reflect a potential election cost reimbursement to local
political subdivisions in FY 2025.
Section 38 (e) and (f) of Article III – Crime Against First Responders
Officials from the Department of Corrections (DOC) assume this proposal creates a
constitutional amendment relating to first responders.
This is a joint resolution to submit to qualified voters of the State of Missouri for their approval,
the amendment of Section 38(e) and Section 38(f) to Article III of the Constitution of the State of
Missouri. That amendment would create a class A felony penalty for the offense of assault
against a first responder.
Given the seriousness of class A felony offenses and that the introduction of a completely new
class A felony offense is a rare event, the DOC assumes the admission of one person per year to
prison following the passage of the legislative proposal.
Offenders committed to prison with a class A felony have an average sentence length of 17.1
years and serve, on average, 12.3 years in prison prior to first release. The DOC assumes one
third of the remaining sentence length could be served in prison as a parole return, and the rest of
the sentence could be served on supervision in the community.
The sentence lengths associated with these offenses pushes the estimate of total cumulative
impact on the department beyond the 10-year time frame of this fiscal note. However, the
estimated impact by FY 2034 is 10 additional offenders in prison. L.R. No. 5625H.01I
Bill No. HJR 134
Page 5 of
April 8, 2024
NM: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)($4,037)0$00($4,037)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 66($9,689)($64,185)0$00($64,185)Year 77($9,689)($76,380)0$00($76,380)Year 88($9,689)($89,037)0$00($89,037)Year 99($9,689)($102,170)0$00($102,170)Year 1010($9,689)($115,793)0$00($115,793)
* 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 could 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
C
hange in prison admissions and probation openings with legislation
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 6 7 8 9 1
0
P
arole
0 0 0 0 0 0 0 0 0 0
P
robation
0 0 0 0 0 0 0 0 0 0
I
mpact
P
rison Population
1 2 3 4 5 6 7 8 9 1
0
F
ield Population
0 0 0 0 0 0 0 0 0 0
P
opulation Change
1 2 3 4 5 6 7 8 9 1
0 L.R. No. 5625H.01I
Bill No. HJR 134
Page 6 of
April 8, 2024
NM:LR:OD
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.
Oversight does not have information to the contrary and therefore, Oversight will reflect the
estimates as provided by the DOC.
Officials from the Department of Labor and Industrial Relations (DOLIR) assume there is an
average of 6 Line of Duty claims per year currently at a cost of $25,000 per claim. This proposal
would increase to $250,000 per claim and the current appropriation is at $600,000. DOLIR
would need to increase the appropriation by a minimum of $150,000 to be able to process at least
3 claims annually, but would realistically need an increase of $900,000 to be able to process the
average of 6 claims.
DOLIR also note that HJR 134 proposes a Constitutional amendment that, if adopted, creates the
felony offense of "assault against a first responder" if a person attempts to kill or knowingly
cause serious physical injury to a first responder. It would also establish that first responders
killed in the line of duty, who qualify for a claim through the Division of Workers
Compensation, will be compensated $250,000. Note that HJR 134 includes "first responders"
and section 287.243, RSMo, includes "public safety officers". As defined, the proposal includes
different personnel.
It is unknown the impact this would have on increasing claims, but both GR TRF and Line of
Duty Compensation appropriation would need to be increased to accommodate the claims.
DOLIR also notes an unknown impact due regarding inconsistency with 287.243. National
Guardsmen are included in this resolution, despite injury/death benefits already being
compensated in a different manner. It is unclear regarding how the fund will be administered in
light of this and how it would impact the Line of Duty Compensation Fund. The new language
also includes "emergency personnel; emergency room, hospital, or trauma center personnel,"
which have not been included before and could increase the number of claims by an unknown
amount. L.R. No. 5625H.01I
Bill No. HJR 134
Page 7 of
April 8, 2024
NM:LR:OD
Oversight notes there is similar legislation in §287.243 regarding the payout of claims from the
Line of Duty Compensation Fund, however, first responders are not within the definition of
§287.243. Public Safety Officers within §287.243 may have similar meaning to first responders
within this resolution, however, this resolution also includes National Guardsmen, emergency
room, hospital or trauma center personnel. Therefore, Oversight will assume the estimates from
DOLIR could exceed the amounts for this resolution.
Officials from Kansas City assume this proposal will have a negative fiscal impact of
approximately $150,000 (based on 2022 cases). Although this charge directly would be assessed
against the defendant and should not directly have a fiscal impact, minor traffic violations have a
cap of $225 including costs. In order to stay under the cap, the fine on those cases, and amended
pleas to defective equipment would require a reduction of $20 in fine revenue on those cases
resulting in a reduction of revenue. In 2022, they had 7,403 cases that had a fine and costs
between $205 and $225.
Oversight notes Kansas City indicates this resolution may have an unknown negative impact of
up to $150,000; however, Oversight is unable to project a statewide cost from the limitation of
fines and court costs for minor traffic violations to $225 (§479.353.1 (1) (a). Oversight will show
a cost to local governments-political subdivisions as $0 or unknown, could exceed $150,000.
Oversight notes the following table shows the average number of criminal cases filed over the
last five years. If the resolution is enacted, this could result in potential revenue from the $20
surcharge on criminal cases filed of $7,593,320 ($20 x 379,666) annually. Therefore, Oversight
will reflect this potential revenue for this resolution.
C
RIMINAL
2
022
2
021
2
020
2
019
2
018
5
yr. Avg
F
elonies (Circuit)
4
5,023
4
4,692
3
7,314
4
5,000
4
6,912
4
3,788
F
elonies (Associate)
5
2,805
5
5,230
5
9,549
6
1,944
6
2,330
5
8,372
M
isdemeanors
8
4,280
8
0,836
8
8,768
8
9,591
9
7,053
8
8,106
T
raffic
1
78,566
1
61,328
1
61,641
1
12,346
1
00,777
1
42,932
O
rdinance
5
3,950
8
0,937
3
6,855
2
9,689
2
3,923
4
5,071
M
unicipal Certification/Trial De Novo
1
,331
5
63
1
,073
1
,663
2
,361
1
,398
T
OTAL
4
15,955
4
23,586
3
85,200
3
40,233
3
33,356
3
79,666
7
,593,320
$
S
ource: Table 1 of OSCA's Annual Judicial & Statistical Report Supplement
C
ASELOADS FILED
C
aseloads filed at $20 surcharge L.R. No. 5625H.01I
Bill No. HJR 134
Page 8 of
April 8, 2024
NM:LR:OD
Officials from the Office of the State Courts Administrator, the Department of Public Safety
(Capitol Police, Fire Safety, Office of the Director, Missouri Highway Patrol & State
Emergency Management Agency), the Missouri National Guard, the Missouri Office of
Prosecution Services, the Office of the State Public Defender, the Phelps County Sheriff’s
OfficeBranson Police DepartmentKansas City Police Department and the St. Louis
County Police Department 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.
Oversight only reflects the responses received from state agencies and political subdivisions;
however, other cities, counties, local law enforcement agencies, fire protection districts,
ambulance districts and hospitals 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 2025
(6 Mo.)
FY 2026FY 2027Fully
Implemented
(FY 2034)
GENERAL REVENUECost – DOC – Increased
incarceration costs
$0 or
($4,037)
$0 or
($19,766)
$0 or
($30,241)
$0 or
($115,793)
Transfer Out - SOS -
reimbursement of local election
authority election costs if a
special election is called by the
Governor
$0 or (More
than
$8,000,000)$0$0$0
ESTIMATED NET EFFECT
ON GENERAL REVENUE
$0 or (More
than
$8,004,037)
$0 or
($19,766)
$0 or
($30,241)
$0 or
($115,793) L.R. No. 5625H.01I
Bill No. HJR 134
Page 9 of
April 8, 2024
NM:LR:OD
FISCAL IMPACT – State
Government
FY 2025
(6 Mo.)
FY 2026FY 2027Fully
Implemented
(FY 2034)
LINE OF DUTY FUND (0939)
Revenue – creates additional $20
surcharge on criminal cases filed
$0 or more
or less than
$7,593,320
$0 or more
or less than
$7,593,320
$0 or more
or less than
$7,593,320
$0 or more
or less than
$7,593,320 Cost – DOLIR - claims paid out
on first responders
$0 or
(Unknown,
could exceed
$900,000)
$0 or
(Unknown,
could exceed
$900,000)
$0 or
(Unknown,
could exceed
$900,000)
$0 or
(Unknown,
could exceed
$900,000)
ESTIMATED NET EFFECT
ON LINE OF DUTY FUND
(0939)
$0 or more
or less than
$6,693,320
$0 or more
or less than
$6,693,320
$0 or more
or less than
$6,693,320
$0 or more
or less than
$6,693,320
FISCAL IMPACT – Local
Government
FY 2025
(6 Mo.)
FY 2026FY 2027Fully
Implemented
(FY 2034)
LOCAL POLITICAL
SUBDIVISIONS
Transfer In - Local Election
Authorities - reimbursement of
election costs by the State for a
special election
$0 or More
than
$8,000,000$0$0$0
Costs - Local Election
Authorities - cost of a special
election if called for by the
Governor
$0 or (More
than
$8,000,000)$0$0$0
Revenue Loss – traffic violation
amounts capped with new
implementation of surcharge
$0 or
(Unknown,
could exceed
$75,000)
$0 or
(Unknown,
could exceed
$150,000)
$0 or
(Unknown,
could exceed
$150,000)
$0 or
(Unknown,
could exceed
$150,000) L.R. No. 5625H.01I
Bill No. HJR 134
Page 10 of 11
April 8, 2024
NM:LR:OD
FISCAL IMPACT – Local
Government
FY 2025
(6 Mo.)
FY 2026FY 2027Fully
Implemented
(FY 2034)
ESTIMATED NET EFFECT
ON LOCAL POLITICAL
SUBDIVISIONS
$0 or
(Unknown,
could
exceed
$75,000)
$0 or
(Unknown,
could
exceed
$150,000)
$0 or
(Unknown,
could
exceed
$150,000)
$0 or
(Unknown,
could
exceed
$150,000)
FISCAL IMPACT – Small Business
No direct fiscal impact to small businesses would be expected as a result of this proposal.
FISCAL DESCRIPTION
This resolution proposes to amend the Constitution by adding the offense of assault against a
first responder, which a person commits if he or she attempts to kill or knowingly causes or
attempts to cause serious physical injury to a first responder. "First responder" is defined in the
resolution. The offense is a class A felony.
The resolution also proposes to add to the Missouri Constitution provisions related to line of duty
deaths for first responders. As specified in the resolution, a claim for compensation for a first
responder killed in the line of duty must be filed by survivors of the deceased with the Division
of Workers' Compensation no later than one year from the date of the first responder's death. If
the claim is made within the one-year time period, compensation will be paid if the Division
finds the claimant to be entitled to compensation. The amount of compensation will be $250,000
for any such death occurring after December 31, 2024. A $20 surcharge will be assessed as costs
in each court proceeding filed in any court in the State in all criminal cases, but the surcharge
will not be collected in any proceeding in any court when the proceeding or the defendant has
been dismissed by the court or when costs are to be paid by the State, county, or municipality.
The surcharge will be deposited into the "Line of Duty Compensation Fund" or any other fund
used solely for paying claims of first responders killed in the line of duty.
This legislation is not federally mandated, would not duplicate any other program and would not
require additional capital improvements or rental space. L.R. No. 5625H.01I
Bill No. HJR 134
Page 11 of 11
April 8, 2024
NM:LR:OD
SOURCES OF INFORMATION
Office of the Secretary of State
Department of Corrections
Department of Labor and Industrial Relations
Department of Public Safety
Capitol Police
Fire Safety
Office of the Director
Missouri Highway Patrol
State Emergency Management Agency
Missouri National Guard
Office of the State Courts Administrator
Missouri Office of Prosecution Services
Office of the State Public Defender
Kansas City
Branson Police Department
Phelps County Sheriff’s Office
Kansas City Police Department
St. Louis County Police Department
Julie MorffRoss StropeDirectorAssistant DirectorApril 8, 2024April 8, 2024