COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:0093S.01I Bill No.:SB 353 Subject:Transportation; Crimes and Punishment; Judges; Drugs and Controlled
Substances; Alcohol; Department of Revenue
Type:Original Date:February 25, 2025Bill Summary:This proposal creates a DWI diversion program.
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2026FY 2027FY 2028
General Revenue
(Could exceed
$322,272)
(Could exceed
$223,955)
(Could exceed
$227,487)
Total Estimated Net
Effect on General
Revenue
(Could exceed
$322,272)
(Could exceed
$223,955)
(Could exceed
$227,487)
*DOR FTE and FUSION costs plus unknown costs for OSCA.
ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTEDFY 2026FY 2027FY 2028Highway Fund (0644)
($92,423)($110,903)($110,903)
Total Estimated Net
Effect on Other State
Funds ($92,423)($110,903)($110,903)
Numbers within parentheses: () indicate costs or losses. L.R. No. 0093S.01I
Bill No. SB 353
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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 2028General Revenue3 FTE3 FTE3 FTETotal Estimated Net
Effect on FTE3 FTE3 FTE3 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 2026FY 2027FY 2028Local Government($30,807)($36,967)($36,967) L.R. No. 0093S.01I
Bill No. SB 353
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FISCAL ANALYSIS
ASSUMPTION
§557.520 – DWI Diversion Program
Officials from the Department of Revenue (DOR) assume the following regarding this
proposal:
Administrative Impact
Extensive programming to the current Missouri Driver License (MODL) system, internally
referred to as FUSION, would be required to enter court ordered diversion information received
from the prosecuting or circuit attorney and notifying the program participant of their
compliance requirements through system generated notices.
This proposed language is requiring DOR to be notified of violations from the ignition interlock
device for program participants. DOR does not currently receive or maintain records of
violations. Currently, DOR requires the approved Missouri manufacturers to track and maintain
this data and only certify a driver once they have successfully completed the required monitoring
time-period. These legislative changes would require DOR to track and interpret this data
specifically related to this diversion program. There are currently six (6) approved manufacturers
in Missouri. Multiple new electronic file exchanges to each manufacturer would need to be
developed to exchange data daily between DOR and each manufacturer. This would require an
additional file reporting violations to be developed and electronically exchanged for each
approved manufacturer. Multiple reports would need to be generated to ensure the integrity of
the data and meet the current DOR auditing processes.
Any defendant who is found guilty of any intoxicated-related traffic offense and who has
previously utilized the DWI diversion program, DOR will evaluate the conviction as a second
offense. This would cause the point value related to the conviction to increase from 8 points to
12 points and add an ignition interlock (IID) requirement for reinstatement. This also would
require changes made to the five and ten-year denial evaluation routine.
In FY 2024, DOR received 37,647 DWI reports making the potential for offenders enrolled into
this diversion program to be extensive. If DOR assumes that 50% of offenders would be
accepted into this new program, DOR would plan to receive approximately 18,824 court orders
notifying enrollment. DOR would require a new team of personnel to receive these enrollments,
track and process the compliance paperwork, manage the vendor relationships with IID changes,
and develop/implement a continuous monitoring process for any device violations and court
actions for program participants. L.R. No. 0093S.01I
Bill No. SB 353
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A customer service representative can process 224 court-ordered documents per day. DOR
anticipates receiving approximately 59 each day, which would require one additional staff
member for processing.
Associate Customer Service Rep. ($2,917 month)
FY25 = $29,170 (10 months)
FY26 = $35,004
FY27 = $35,004
In addition to a processing FTE, DOR anticipates the need for an additional FTE for call center
inquiries.
Customer Service Representative – Zone 3 ($3,536 month)
FY25 = $35,360 (10 months)
FY26 = $42,432
FY27 = $42,432
DOR estimates a need for at least one FTE to oversee the implementation and management of
this new program. This position would require a more robust skill set including knowledge of the
court and administrative process, customer and vendor relationship management, and quality
assurance tracking and reporting.
Customer Service Rep. ($3,150 month)
FY25 = $31,500 (10 months)
FY26 = $37,800
FY27 = $37,800
Oversight does not have information to the contrary and therefore, Oversight will reflect the
estimates for 3 FTE as provided by DOR.
DOR notes, to implement the proposed legislation, DOR will be required to:
• Complete business requirements and design documents to modify the Missouri Driver License
System (FUSION)
• Complete programming and user acceptance testing for the new diversion program for driving
privileges, IID violation reporting and tracking of the violations, dismissed charges of the
program, criminal cases imposed and their penalties on the drivers.
• Testing with the ignition interlock manufacturers of the new files exchanges
• FUSION generated notices
• Conviction routine evaluation
• Update policies, procedures, reports, forms, and the DOR website.
• Update Code of Regulation
• Training for employees L.R. No. 0093S.01I
Bill No. SB 353
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FY 2026 – Driver License Bureau (testing of forms and website updates)
Research/Data Analyst 1300 hrs. @ $30.19 per hr. = $39,247
Research/Data Assistant 1300 hrs. @ $20.25 per hr. = $26,325
Administrative Manager 1000 hrs. @ $32.77 per hr. = $32,770
FY 2026 – Strategy and Communications Office (forms and website updates)
Associate Research/Data Analyst 336 hrs. @ $24.19 per hr. = $8,128
Total = $106,470
Oversight assumes DOR will use existing staff and will not hire additional FTE to conduct these
activities; therefore, Oversight will not reflect the administrative costs DOR has indicated on the
fiscal note. If multiple bills pass which require additional staffing and duties at substantial costs,
DOR could request funding through the appropriation process.
FUSION Impact
DOR notes
Implementation Consultant 600 hrs. @ $225 per hr. = $135,000
Oversight does not have information to the contrary and therefore, Oversight will reflect the
FUSION impact as provided by DOR.
Revenue Impact
DOR notes previous fiscal note responses did not include the potential for a loss in reinstatement
fees collected by the department. After further review, the department may see a loss in revenue
generated due to not receiving first-time DWI convictions, resulting in an action that would
require a reinstatement fee to be paid.
In FY 2022 DOR generated 3,222 point suspensions for non CDL first time alcohol convictions.
In FY 2023 DOR generated 3,299 point suspensions for no CDL first time alcohol convictions.
In FY 2024 DOR generated 3,286 point suspensions for no CDL first time alcohol convictions.
The reinstatement fee for a first-time alcohol conviction point suspension is $45.00. L.R. No. 0093S.01I
Bill No. SB 353
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FY 2026
$147,870 Reinstatement fees for 3,286 point suspension actions
/ 12 Number of months in a year
$ 12,323 Decrease in reinstatement fees collected monthly
x 10 Number of months in first year after bill passage
$123,230 Decrease in reinstatement fees collected in first year of bill passage
FY 2027 & FY 2028
$147,870 Reinstatement fees for 3,286 point suspension actions
Estimated potential decrease in reinstatement fees collected annually = $147,870
Fees collected are distributed 75% Highway Fund, 15% Cities, and 10% Counties.
It is unknown how many people will be enrolled in this DWI Diversion program. For the
purposes of the revenue impact estimate, 100% enrollment is being used to calculate the loss in
highway funds.
Oversight notes §557.520.13 requires the person in the program to pay a fee that is based on a
discounted schedule for offenders with income at or below 150% of the federal poverty level.
Oversight will assume the fee is paid to the ignition interlock device producer and not to the
state. Oversight also notes DOR’s response includes that the proposal duplicates another
program located in the State Code of Regulations 7, CSR 60-2.
Officials from the Office of State Courts Administrator (OSCA) state 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
(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.
Oversight provides the following information from OSCA’s DWI Treatment Court Program
according to their FY 2026 Budget Book Request: L.R. No. 0093S.01I
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DWI Treatment Court Activity
DWI Court focuses on addressing the substance use disorder or co-occurring disorder of
defendants who have pleaded guilty to or been found guilty of driving while intoxicated or
driving with excessive blood alcohol content.
Officials from the Department of Corrections, the Department of Public Safety (Office of the
Director, Missouri Highway Patrol), the Missouri Department of Transportation, the Office
of the State Public Defender, the Missouri Office of Prosecution Services, Kansas City, the
Phelps County Sheriff’s Office, the Kansas City Police Department and the
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.
5
Year
P
ROGRAM STATISTICS
C
Y23
C
Y22
C
Y21
C
Y20
C
Y19
A
verage
P
articipants Served
1,016
9
85
9
56
966
1,194
1,023
P
rograms
27
2
5
2
3
2
3
2
3
24
C
ommunity Service Hours Performed
67,926
6
6,026
60,790
80,829
81,088
71,332
R
etention Rate
N
/A
N
/A
9
3%
9
4%
9
3%
N/A
G
raduation Rate
9
1%
8
8%
8
8%
9
2%
8
9%
9
0%
S
ource: OSCA FY26 Budget Request L.R. No. 0093S.01I
Bill No. SB 353
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In response to similar legislation from 2024, SCS for SB 1200, officials from the City of
O’Fallon and the City of Springfield each assumed 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, county prosecutors and local law enforcement agencies 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 GovernmentFY 2026
(10 Mo.)
FY 2027FY 2028GENERAL REVENUE FUNDCosts – DOR §557.520 p. 4 Personal Service($96,030)($117,541)($119,892) Fringe Benefits($77,969)($94,486)($95,429) Equipment & Expense($13,273)($11,928)($12,166)Total Costs – DOR($187,272)($223,955)($227,487)FTE Change – DOR p. 43 FTE3 FTE3 FTECost – DOR – FUSION impact($135,000)$0$0Costs – OSCA - potential increase in
additional case work from this program
§557.520 p. 6
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
ESTIMATED NET EFFECT ON
THE GENERAL REVENUE FUND
(Could exceed
$322,272)
(Could exceed
$223,955)
(Could exceed
$227,487)
Estimated Net FTE Change for the
General Revenue Fund3 FTE3 FTE3 FTE
HIGHWAY FUND (0644)Revenue Loss – DOR - from
reinstatement fees §557.520 p 5($92,423)($110,903)($110,903)
ESTIMATED NET EFFECT ON
THE HIGHWAY FUND (0644)($92,423)($110,903)($110,903) L.R. No. 0093S.01I
Bill No. SB 353
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FISCAL IMPACT – Local GovernmentFY 2026
(10 Mo.)
FY 2027FY 2028LOCAL POLITICAL
SUBDIVISIONS
Revenue Reduction/Loss – Cities (15%)
- (§557.520) – reduction in
reinstatement fees received p. 5($18,484)($22,180)($22,180)
Revenue Reduction/Loss – Counties
(10%) - (§557.520) – reduction in
reinstatement fees received p. 5($12,323)($14,787)($14,787)
ESTIMATED NET EFFECT ON
LOCAL POLITICAL
SUBDIVISIONS($30,807)($36,967)($36,967)
FISCAL IMPACT – Small Business
Small businesses who install and/or service a certified ignition-interlock system could be
impacted from this proposal.
FISCAL DESCRIPTION
This act creates a DWI diversion program which allows a prosecuting or circuit attorney to divert
the case to a DWI diversion program if the defendant meets the following criteria:
• The defendant has not previously been convicted of an intoxicated-related traffic offense;
• The defendant is not currently enrolled in another diversion program;
• The defendant does not hold a commercial driver's license;
• The offense did not occur while operating a commercial vehicle;
• The offense did not result in the injury or death of another person; and
• The defendant did not refuse a breathalyzer test.
The court may continue the diverted case for a period of up to 2 years and order the defendant to
comply with terms and conditions of the program as determined by the prosecuting or circuit
attorney. Any defendant who has a case continued pursuant to this act shall also have any
proceeding relating to the suspension of his or her license continued by the Department of
Revenue. L.R. No. 0093S.01I
Bill No. SB 353
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As part of the program requirements, the prosecuting or circuit attorney may require installation
of an ignition interlock device for a period of not less than one year and require the defendant to
participate in a victim impact panel. If the prosecuting or circuit attorney requires an ignition
interlock device, the court shall notify the defendant that he or she is required to install an
ignition interlock device as well as notify the defendant of any other requirements of the
program.
Any person required to install an ignition-interlock device shall be subject to penalties as
provided under current law. The court may require the defendant to pay all or part of the costs,
unless the court finds the defendant indigent.
Additionally, the Department of Revenue shall inform the defendant of the requirements of the
DWI diversion program and shall keep records of the installation of any ignition interlock
devices. Any certified ignition interlock device provider shall inform the Department of any
tampering of the device as provided in the act.
After the completion of the DWI diversion program and if the defendant has complied with all
the imposed terms and conditions, the court shall dismiss the criminal case against the defendant,
record the dismissal, and transmit the record to the central repository. The Department of
Revenue shall also dismiss any proceeding to suspend the defendant's license. If the defendant
does not comply with the terms of the program, the prosecuting or circuit attorney may file a
motion to terminate the defendant from the diversion program and set the case on the next
available criminal docket.
Finally, this act provides that a prosecuting or circuit attorney may divert intoxicated-related
offenses to other diversion programs as provided in law.
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 Revenue
Office of the State Courts Administrator
Department of Corrections
Department of Public Safety
Department of Public Safety - Office of the Director
Department of Public Safety - Missouri Highway Patrol
Missouri Department of Transportation
Office of the State Public Defender
Missouri Office of Prosecution Services
Kansas City
Phelps County Sheriff’s Office
Kansas City Police Department L.R. No. 0093S.01I
Bill No. SB 353
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St. Louis County Police Department
O’Fallon
Springfield
Julie MorffJessica HarrisDirectorAssistant DirectorFebruary 25, 2025February 25, 2025