COMMITTEE ON LEGISLATIVE RESEARCH OVERSIGHT DIVISION FISCAL NOTE L.R. No.:4247S.01I Bill No.:SB 875 Subject:Boards, Commissions, Committees, and Councils; Crimes and Punishment; Department of Commerce and Insurance; Courts; Federal - State Relations; Highway Patrol; Licenses - Miscellaneous; Licenses - Liquor and Beer; Licenses - Motor Vehicle; Professional Registration and Licensing; Department of Natural Resources; Department of Revenue Type:Original Date:January 31, 2024Bill Summary:This proposal modifies provisions relating to background checks for certain applicants of agencies, boards, and commissions. FISCAL SUMMARY ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2025FY 2026FY 2027General Revenue($199,000)($157,436)($159,984)Total Estimated Net Effect on General Revenue($199,000)($157,436)($159,984) ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTEDFY 2025FY 2026FY 2027Criminal Records SystemUp to $176,000Up to $176,000Up to $176,000 Total Estimated Net Effect on Other State FundsUp to $176,000Up to $176,000Up to $176,000 Numbers within parentheses: () indicate costs or losses. L.R. No. 4247S.01I Bill No. SB 875 Page 2 of January 31, 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 2027General Revenue2 FTE2 FTE2 FTETotal Estimated Net Effect on FTE2 FTE2 FTE2 FTE ☐ 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. 4247S.01I Bill No. SB 875 Page 3 of January 31, 2024 HWC:LR:OD FISCAL ANALYSIS ASSUMPTION §§190.106 and 301.155– Background checks for certain applicants Officials from the Department of Health and Senior Services (DHSS) state §190.106 of the proposed legislation requires the DHSS to collect fingerprint cards on all Emergency Medical Technician (EMT) or Paramedic licensure applicants for the purposes of running state and federal background checks. Currently, the Division of Regulation and Licensure’s (DRL) Bureau of Emergency Medical Services (BEMS) licenses 18,000 EMTs or Paramedics. First-time applicants in Missouri are fingerprinted and nationwide criminal history is obtained through the Federal Bureau of Investigation (FBI) for a fee of $45 each. After an initial license is received, the individual is required to renew said license every five years. License renewals only require a Missouri criminal history check, which does not require fingerprinting, for a fee of $15 each. Sections 190.142 and 190.903, RSMo and 19 CSR 30-40.342 make it clear that FBI criminal background checks only need to be conducted on initial applicants and those who have not resided in Missouri for the entire five year relicensure period. These statutes and regulation will allow BEMS to continue with the current relicensure background check process. It is assumed that DHSS can absorb the costs of this bill with current resources. However, if the workload significantly increased or other legislation is enacted, additional resources would be requested through the appropriation process. Oversight has no information to the contrary. Therefore, Oversight will present the no fiscal impact of this proposal as provided by DHSS. Officials from the Department of Revenue (DOR) state §301.551 would require applicants for licensure as a new motor vehicle dealer, used motor vehicle dealer, public motor vehicle action, RV dealer, trailer dealer, boat dealer, manufacture, or boat manufacture to submit fingerprints to the Missouri State Highway Patrol (MHP) for the purpose of conducting a state and federal fingerprint-based criminal history background check. DOR assumes the following impact: L.R. No. 4247S.01I Bill No. SB 875 Page 4 of January 31, 2024 HWC:LR:OD Administrative Impact To implement the proposed changes, the DOR will be required to: • Update procedures, correspondence letters, forms, and the Department website; • Update the Dealer and Business operating manual; • Update DOR Systems • Send communications to registered dealers • Need additional FTE; and • Equipment for new FTE The DOR will require 2 additional FTE Associate Research Data Analyst ($45,006 each, annually) for reviewing criminal background checks and processing the additional documentation. This legislation will require an employee to access the Missouri Highway Patrol (MHP) managed system, MACHS (Missouri Automated Criminal History Site). Since the new process will give the Motor Vehicle Bureau (MVB) an extensive view of an applicant’s criminal history, DOR is expecting the review times for the applications to be increased. Additionally, the information contained in MACHS is considered SBU (Sensitive but Unclassified) federal information. MVB would ideally restrict the number of employees with access to the system to protect the confidentiality of the data, i.e. the requested data analysts would be accessing/reviewing/approving the MACHS data before MVB grants or renews dealer licenses. MVB has roughly 8,000 active dealers within Missouri. Based on data from other states who have implemented the same federal fingerprinting requirement, MVB estimates 10% of its current dealers will be denied renewal, or approximately 800 denials. This will increase the volume of calls and correspondence. The same thing could be said about new dealers seeking a dealer license in Missouri. After completing the required training, MVB would also participate in MSHP’s Rap Back Program. The program will automatically notify MVB every time a registered dealer commits a crime and is fingerprinted for said crime. The Associate Research Data Analyst would be responsible for keeping up with those notifications and beginning procedures to revoke licenses if it is a punishable offense. DOR anticipates an increase in calls, correspondence, and a delay in processing due to the proposed legislation. The additional FTE would assist in the implementation and continuity of the federal fingerprint-based criminal history background checks. With the changes, new and renewing dealers may be denied a license to operate, the DOR foresees a need for additional legal resources to pursue such denial actions and defending any appeals which may arise from the denials. L.R. No. 4247S.01I Bill No. SB 875 Page 5 of January 31, 2024 HWC:LR:OD FY 2025 - Motor Vehicle Bureau additional FTE costs Associate Research Data Analyst $45,006 Equipment costs for laptops and accessories $664 Additional monitors needed 2 @ $95 each Cubicle, chair, calculator $8,438 each Phone $525 each Headset $125 each Total per FTE $54,948 * 2 FTE Total $109,896 FY 2025 – Motor Vehicle Bureau Research/Data Analyst 30 hrs. @ $27.00 per hr. = $ 810 Administrative Manager 10 hrs. @ $29.31 per hr. = $ 293 Associate Research/Data Analyst 20 hrs. @ $25.22 per hr. = $ 504 Total $1,607 FY 2025 – Systems Analysis and Support Research/Data Analyst 20 hrs. @ $27.00 per hr. = $ 540 Administrative Manager 10 hrs. @ $29.31 per hr. = $ 293 Associate Research/Data Analyst 80 hrs. @ $22.06 per hr. = $ 1,765 Total $ 2,598 FY 2025 –Strategy and Communications Office Research/Data Analyst 30 hrs. @ $27.00 per hr. = $ 810 Administrative Manager 10 hrs. @ $29.31 per hr. = $ 293 Associate Research/Data Analyst 20 hrs. @ $22.06 per hr. = $ 441 Total $1,544 Total Costs = $115,645 The fiscal impact estimated above is based on changes in the current DOR’s Motor Vehicle and Driver Licensing system environment. The implementation of this legislation will be coordinated with the integration of the Department’s Motor Vehicle and Driver Licensing software system approved and passed by the general assembly in 2020 (Senate Bill 176). To avoid duplicative technology development and associated costs to the state, it is recommended a delayed effective date be added to this bill to correlate with the installation of the new system. L.R. No. 4247S.01I Bill No. SB 875 Page 6 of January 31, 2024 HWC:LR:OD Fusion Impact The costs associated with these legislative changes may be outside of the current contract and identified programming work for DOR’s incoming integrated system. As such, the DOR has included the potential costs associated with making the changes to the integrated system by the department’s current vendor. To develop a function within Fusion to add data entry fields to the dealer registration and account maintenance processes, FAST estimates a $50,000 change request to add this to the scope of Motor Vehicles rollout. Oversight contacted DOR regarding the potential number of new applicants they receive on a yearly basis. DOR indicated they do not separate applications by new versus renewing dealers but assume the 8,000 applications are mostly renewals. The number stays roughly the same from one year to the next. Therefore, there would be some new dealers filing applications, but there is no way to determine that number. DOR officials assume the applicant would be required to pay any background fees and the moneys would go to the MHP. Oversight contacted DOR officials regarding background checks for renewals. DOR officials stated applicants need to have a new background check performed each time they apply for a renewal. The first 2 background checks are only good for a year each (initial licensing year and then the first renewal year). After that, renewals are good for 2 years so the background check would be good for 2 years. Oversight notes the current fingerprint-based background check fee is $41.75. The State portion of that fee is $20 + $2 retained from the federal fee. Based on DOR’s estimate of 8,000 applications annually, the potential income into the Criminal Records System Fund (0671) could be as much as $176,000 annually. However, because the provisions of §301.551.2 are permissive (DOR “may” require fingerprint submission be made a part of an application seeking licensure...”), Oversight will range the income into the Criminal Records System Fund as “Up to $176,000” for each FY 25, FY26 and FY27. Officials from the Department of Public Safety - Missouri Highway Patrol (MHP) SB 875 proposes a new §301.155 which allows DOR the ability (§301.551.2) to require a fingerprint criminal record check in part of an application process for said licenses. If DOR chooses to do so as a policy decision then as a result revenue would be generated into the Criminal Records System Fund. Officials from the University of Missouri (UM) state this bill would only create a fiscal cost for the University if UM chooses to pay licensure costs for individuals in the covered licensed professions/occupations (including the fingerprint costs associated with the bill). L.R. No. 4247S.01I Bill No. SB 875 Page 7 of January 31, 2024 HWC:LR:OD Oversight assumes the University would not incur significant costs if it chooses to cover the cost of background checks for potential employees and the cost would be absorbable within the current funding levels of the University. Therefore, Oversight will present no fiscal impact to the University. Bill as a whole Officials from the Office of Administration - Administrative Hearing Commission, the Department of Commerce and Insurance, the Department of Elementary and Secondary Education, the Department of Higher Education and Workforce Development, the Department of Mental Health, the Department of Natural Resources, the Department of Corrections, the Department of Public Safety, Divisions of: Alcohol and Tobacco Control, Capitol Police, Fire Safety Director’s Office Missouri Gaming Commission, and the Missouri Veterans Commission, the Department of Social Services, the Missouri Department of Conservation, the Missouri Department of Transportation, the Office of the State Public DefenderOffice of the State Treasurer, the City of Kansas City, the City of Osceola, the Phelps County Sheriff, the Kansas City Police Department, the St. Louis County Police Department, Northwest Missouri State University, the University of Central Missouri, the Missouri Lottery, the Missouri Consolidated Health Care Plan 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. Officials from the Attorney General’s Office and the Office of the State Courts Administrator did not respond to Oversight’s request for a statement of fiscal impact. Oversight only reflects the responses received from state agencies and political subdivisions; however, other cities, various county officials, nursing homes, sheriffs’ departments, police departments, ambulance and EMS, schools and colleges and universities 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. L.R. No. 4247S.01I Bill No. SB 875 Page 8 of January 31, 2024 HWC:LR:OD FISCAL IMPACT – State GovernmentFY 2025 (10 Mo.) FY 2026FY 2027GENERAL REVENUE FUNDCosts – DOR (§301.155) p.3-6 Personal service($75,010)($91,812)($93,648) Fringe benefits($54,106)($65,624)($66,336) Equipment and expense($19,884)$0$0 Contract programming costs($50,000)$0$0Total Costs - DOR($199,000)($157,436)($159,984) FTE Change - DOR2 FTE2 FTE2 FTEESTIMATED NET EFFECT ON THE GENERAL REVENUE FUND($199,000)($157,436)($159,984) Estimated Net FTE Change on the General Revenue Fund2 FTE2 FTE2 FTE CRIMINAL RECORDS SYSTEM FUND (0671) Income – MHP (§301.155) – fingerprint background check fees p. 6Up to $176,000Up to $176,000Up to $176,000 ESTIMATED NET EFFECT ON THE CRIMINAL RECORDS SYSTEM FUNDUp to $176,000Up to $176,000Up to $176,000 FISCAL IMPACT – Local GovernmentFY 2025 (10 Mo.) FY 2026FY 2027$0$0$0 L.R. No. 4247S.01I Bill No. SB 875 Page 9 of January 31, 2024 HWC:LR:OD FISCAL IMPACT – Small Business This proposal will impact small businesses that are required to have background checks performed before receiving licenses to operate. (§301.155) FISCAL DESCRIPTION This act provides that certain agencies, boards, or commissions, as provided in this act, shall require applicants to submit fingerprints to the Missouri State Highway Patrol for the purpose of conducting a state and federal fingerprint-based criminal history background check. The fingerprints and any required fees shall be sent to the Highway Patrol and shall be forwarded to the FBI to conduct a federal background check. The Highway Patrol shall notify the agency, board, or commission of any criminal history record discovered on the individual. (§301.155) 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 Office of Administration - Administrative Hearing Commission Department of Commerce and Insurance Department of Elementary and Secondary Education Department of Higher Education and Workforce Development Department of Health and Senior Services Department of Mental Health Department of Natural Resources Department of Corrections Department of Public Safety – Alcohol and Tobacco Control Capitol Police Fire Safety Director’s Office Missouri Gaming Commission Missouri Highway Patrol Missouri Veterans Commission Department of Social Services Missouri Department of Conservation Missouri Department of Transportation Office of the State Public Defender Office of the State Treasurer University of Missouri City of Kansas City City of Osceola Phelps County Sheriff L.R. No. 4247S.01I Bill No. SB 875 Page 10 of 10 January 31, 2024 HWC:LR:OD Kansas City Police Department St. Louis County Police Department Northwest Missouri State University University of Central Missouri Missouri Lottery Missouri Consolidated Health Care Plan Missouri Office of Prosecution Services Julie MorffRoss StropeDirectorAssistant DirectorJanuary 31, 2024January 31, 2024