COMMITTEE ON LEGISLATIVE RESEARCH OVERSIGHT DIVISION FISCAL NOTE L.R. No.:1185H.03C Bill No.:HCS for HB 489 Subject:Agriculture; Animals; Law Enforcement Officers and Agencies Type:Original Date:February 26, 2025Bill Summary:This proposal modifies provisions relating to the confiscation of animals. FISCAL SUMMARY ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2026FY 2027FY 2028General Revenue*(Unknown)(Unknown)(Unknown)Total Estimated Net Effect on General Revenue(Unknown)(Unknown)(Unknown) *Oversight assumes MHP and OSCA could experience increased duties. Oversight assumes the costs would be less than $250,000. ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTEDFY 2026FY 2027FY 2028Total Estimated Net Effect on Other State Funds $0$0$0 Numbers within parentheses: () indicate costs or losses. L.R. No. 1185H.03C Bill No. HCS for HB 489 Page 2 of February 26, 2025 MR:LR:OD ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND AFFECTEDFY 2026FY 2027FY 2028Total Estimated Net Effect on All Federal Funds $0$0$0 ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND AFFECTEDFY 2026FY 2027FY 2028Total 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 2026FY 2027FY 2028Local Government* (Unknown)(Unknown)(Unknown) *Oversight assumes law enforcement agencies could incur some costs related to the care of confiscated animals. L.R. No. 1185H.03C Bill No. HCS for HB 489 Page 3 of February 26, 2025 MR:LR:OD FISCAL ANALYSIS ASSUMPTION §578.018 – Confiscation of Animals Officials from the Missouri Department of Agriculture impact on their organization. Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal note. Officials from the Attorney General’s Office (AGO) assume any potential litigation costs arising from this proposal can be absorbed with existing resources. The AGO may seek additional appropriations if the proposal results in a significant increase in litigation or investigation costs. Oversight assumes AGO is provided with core funding to handle a certain amount of activity each year. Oversight assumes AGO could absorb the costs related to this proposal. If multiple bills pass which require additional staffing and duties at substantial costs, AGO could request funding through the appropriation process.Officials from the AGO assume the proposal will have no fiscal impact on their organization. Officials from the Missouri Highway Patrol (MHP) assume the proposal as outlined in Section 578.018.1 and Section 578.018.5, the Highway Patrol, could be liable for costs related to the care of confiscated animals in connection with a criminal investigation. The fiscal impact to the Patrol could range from zero to unknown due to the many variables associated with the proposed legislation, such as the number and type of animals and the length of time for adjudication of a case, or cases. Oversight does not have information to the contrary and therefore, Oversight will reflect an “Unknown” cost to MHP on the fiscal note. For fiscal note purposes, Oversight will assume the unknown fiscal impact will be less than $250,000. In response to a previous version, officials from Missouri Office of Prosecution Services (MOPS) assumed there is no measurable fiscal impact to MOPS. The enactment of a new crime [578.018.7] creates additional responsibilities for county prosecutors and the circuit attorney which may in turn result in additional costs which are difficult to determine. In response to a previous version, officials from the Office of the State Courts Administrator (OSCA) assumed there may be some impact but there is no way to quantify that currently. Any significant changes will be reflected in future budget requests. Oversight notes OSCA assumes this proposal may have some impact on their organization although it can’t be quantified at this time. As OSCA is unable to provide additional information regarding the potential impact, Oversight assumes the proposed legislation will have a $0 to L.R. No. 1185H.03C Bill No. HCS for HB 489 Page 4 of February 26, 2025 MR:LR:OD (Unknown) cost to the General Revenue Fund. For fiscal note purposes, Oversight also assumes the impact will be under $250,000 annually. If this assumption is incorrect, this would alter the fiscal impact as presented in this fiscal note. If additional information is received, Oversight will review it to determine if an updated fiscal note should be prepared and seek approval to publish a new fiscal note. Officials from the St. Louis County Police Department assume, if passed, this bill would allow for animal control officers or law enforcement officers to apply for animal confiscation warrants, however service of the actual warrant would require the response of a police officer. While the Police Department currently assists the health department with these cases, the animal control officers would no longer be able to solely function without Police involvement. The increase in man hours, paperwork, and overtime are difficult to estimate. The police officers process, if involved in an animal confiscation case would be as follows: The officer would have to compile evidence and apply for a warrant (in some situations). After approval, the officer would then have to respond to the location where the animal is being maintained with the health department and animal control to serve the warrant. If the owner of the animal is not on-scene, the officer must locate a resident of the property and serve them in person, which may be impossible. During this process, the officer involved would no longer be able to respond to other calls and additional officers would have to complete the work the missing officer would generally complete, generating overtime costs. Oversight assumes any confiscated animal care costs, should the animal owner be acquitted, has an inability to pay before the initial disposition hearing, or upon conviction, would be incurred by veterinarians, local government dog pounds, animal shelters, animal rescue facilities, or another third party with existing animal care facilities approved by the court. Officials from the Phelps County Sheriff, Kansas City Police Department, and the Newton County Health 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 sheriffs, police departments and local political subdivisions were requested to respond to this proposed legislation but did not. A general listing of political subdivisions included in Oversight’s database is available upon request. L.R. No. 1185H.03C Bill No. HCS for HB 489 Page 5 of February 26, 2025 MR:LR:OD FISCAL IMPACT – State GovernmentFY 2026 (10 Mo.) FY 2027FY 2028GENERAL REVENUE FUND*Cost – MHP – Increased duties in the animal confiscation process(Unknown)(Unknown)(Unknown) Cost – OSCA – Increased duties related to the animal confiscation procedures $0 or (Unknown) $0 or (Unknown) $0 or (Unknown) ESTIMATED NET EFFECT ON THE GENERAL REVENUE FUND(Unknown)(Unknown)(Unknown) *Oversight assumes MHP and OSCA could experience increased duties. Oversight assumes the costs would be less than $250,000. FISCAL IMPACT – Local GovernmentFY 2026 (10 Mo.) FY 2027FY 2028LOCAL POLITICAL SUBDIVISIONS* Revenue - Animal Rescue Facilities - Bond or security for animal care costs from the animal ownerUnknownUnknownUnknown Cost - Animal Rescue Facilities - Care of animals held until final disposition of charges and acquittal or inability to pay(Unknown)(Unknown)(Unknown) Cost - Law Enforcement Agencies - Increased duties in the animal confiscation process(Unknown)(Unknown)(Unknown) ESTIMATED NET EFFECT ON LOCAL POLITICAL SUBDIVISIONS(Unknown)(Unknown)(Unknown) *Oversight assumes law enforcement agencies could incur some costs related to the care of confiscated animals. L.R. No. 1185H.03C Bill No. HCS for HB 489 Page 6 of February 26, 2025 MR:LR:OD FISCAL IMPACT – Small Business Small business animal shelters and veterinary facilities might incur additional costs as a result of this proposal. FISCAL DESCRIPTION This bill changes the laws regarding the confiscation of animals. 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 Department of Agriculture Office of the State Courts Administrator Office of Prosecution Services Attorney General’s Office Department of Public Safety - Missouri Highway Patrol Phelps County Sheriff Kansas City Police Department St. Louis County Police Department Newton County Health Department Julie MorffJessica HarrisDirectorAssistant DirectorFebruary 26, 2025February 26, 2025