SB 0873 - Fiscal Note

Fiscal Note - SB 0873 - Limits Affirmative Action

L.R. NO.  1744-01
BILL NO.  SB 873
SUBJECT:  Discrimination
TYPE:     Original
DATE:     February 13, 1996



                              FISCAL SUMMARY
                    ESTIMATED NET EFFECT ON STATE FUNDS


FUND AFFECTED              FY 1997             FY 1998           FY 1999
None

Total Estimated
Net Effect on All
State Funds                     $0                  $0                $0

                   ESTIMATED NET EFFECT ON FEDERAL FUNDS


FUND AFFECTED              FY 1997             FY 1998           FY 1999
None

Total Estimated
Net Effect on All
Federal Funds                   $0                  $0                $0

                    ESTIMATED NET EFFECT ON LOCAL FUNDS


FUND AFFECTED              FY 1997             FY 1998           FY 1999
Local Government                $0                  $0                $0

                              FISCAL ANALYSIS

ASSUMPTION

The following departments/offices/agencies assume that this proposal would
have no fiscal impact to their agencies:  Attorney General; Higher Education;
Economic Development; Elementary and Secondary Education; Mental Health;
Natural Resources; Agriculture; Corrections; Health; Labor and Industrial
Relations - Missouri Commission on Human Rights; Revenue; Social Services;
Public Safety; Governor; House of Representatives; Insurance; Conservation;
Lt. Governor; State Auditor; Secretary of State; Tax Commission; State
Treasurer;  Missouri Western State College; and Truman State University.

Officials of the Department of Highways and Transportation assume that there
could be increased but unknown legal expenses associated with potential
litigation arising from this proposal.

Officials of the Office of Administration (OA) stated that the impact due to
this proposal is uncertain.  Executive order 94-03 does not "discriminate"
nor grant preferences.  Existing efforts to increase historically
underutilized groups in employment do not do this.  OA officials stated that
this proposal could be read to authorize race- conscious measures by the
state in the minority contracting areas as a result of the disparity study.

Officials of the State Courts Administrator (COURTS) assume that they would
expect some number of additional cases to explore the parameters and
applications of this proposal.  Any estimate of increased civil caseloads
would be speculative.  After a period of adjustment, COURTS officials would
not expect the volume of cases to be significant.

Oversight assumes for purposes of this fiscal note that while unknown
litigation expenses could be incurred, they would not be a direct result of
this proposal.


FISCAL IMPACT - State Government FY 1997   FY 1998   FY 1999
                                (10 Mo.)

                                       0         0         0

FISCAL IMPACT - Local Government FY 1997   FY 1998   FY 1999
                                (10 Mo.)

                                       0         0         0

DESCRIPTION

This proposal would prohibit the state or any political subdivision or agent
from using race, sex, color, ethnicity or national origin as a criterion for
either discriminating against, or granting preferential treatment to, any
individual or group of persons in the state's system of public employment,
public education or public contracting.  If proven by clear and convincing
evidence, attempts to reduce discrimination could be designed and implemented
over a two year period or until the discrimination was significantly reduced,
whichever was sooner.

Nothing in this proposal would be interpreted as prohibiting state action
that was necessary to establish or maintain eligibility for any federal
program, where ineligibility would result in a loss of federal funds to the
state.

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 the Attorney General
Coordinating Board of Higher Education
State Courts Administrator
Department of Economic Development
Department of Elementary and Secondary Education
Department of Highways and Transportation
Department of Mental Health
Department of Natural Resources
Department of Agriculture
Department of Corrections
Department of Health
Department of Labor and Industrial Relations -
   Missouri Commission on Human Rights
Department of Revenue
Department of Social Services
Department of Public Safety
Office of the Governor
Missouri House of Representatives
Department of Insurance
Missouri Department of Conservation
Office of Administration
Office of the Lt. Governor
Office of the State Auditor
Office of the Secretary of State
State Tax Commission
Missouri Western State College
Truman State University

NOT RESPONDING - Gaming Commission, Lottery Commission, Missouri Senate,
Central Missouri State University, Harris-Stowe State College, Lincoln
University,
Missouri Southern State College, Northwest Missouri State University;
Southeast
Missouri State University, Southwest Missouri State University, State Fair
Community
College; University of Missouri