Fiscal Note - SB 0078 - Limited Immunity for Entities Employing Probationers
L.R. NO. 0279-01
BILL NO. SB 78
SUBJECT: Immunity from Claims by Probationers/Parolees
TYPE: Original
DATE: January 20, 1997
FISCAL SUMMARY
ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
Total Estimated
Net Effect on All
State Funds $0 $0 $0
ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
Total Estimated
Net Effect on All
Federal Funds $0 $0 $0
ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
Local Government $0 $0 $0
FISCAL ANALYSIS
ASSUMPTION
The Department of Insurance (INS) does expect this proposal to have a
significant fiscal impact. However, the enactment of more than one similar
proposal resulting in minimal fiscal impact to the INS could require an
increase in the INS's appropriation for such purposes.
The following agencies do not expect to be fiscally impacted: Missouri House
of Representatives (MHR), Missouri Gaming Commission (GAM), Secretary of
State (SOS), Tax Commission (TAX), Office of the Lt. Governor (MLT),
Department of Economic Development (DED), Department of Revenue (DOR),
Department of Transportation (DHT), Department of Labor & Industrial
Relations (DOL), Office of the Governor (GOV), Highway & Transportation
Employees' & Highway Patrol Retirement System (HRS), Department of
Corrections (DOC), Office of Administration (COA) - Risk Management, Lottery
Commission (LOT), Coordinating Board for Higher Education (CBH), State Public
Defender (SPD), Missouri Consolidated Health Care Plan (HCP), Department of
Agriculture (AGR), State Treasurer (STO), Department of Mental Health (DMH),
Department of Elementary & Secondary Education (DES), Department of Social
Services (DOS), Department of Health (DOH), Senate (SEN), State Auditor
(SAU), and Department of Conservation (MDC).
The Department of Public Safety (DPS), Division of Highway Safety and the
Missouri Highway Patrol do not expect to be fiscally impacted. Other DPS
divisions did not respond.
The Office of State Courts Administrator (CTS) does not expect any
significant increase or decrease in the number of cases filed in the courts
as a result of this proposal. Oversight assumes that the fiscal impact would
be zero.
The Department of Natural Resources (DNR) assumes that it could experience a
cost savings as a result of the additional immunity, but since the DNR has
not dealt with any lawsuits related to this issue, the amount cannot be
quantified. DNR occasionally has court appointed labor performing free work
in the state park system, but is not aware of any pending lawsuits related to
free work or the supervision of such work. Oversight assumes that since DNR
has never considered probationers or parolees employees, exempting them from
workers' compensation would not impact DNR.
FISCAL IMPACT - State Government FY 1998 FY 1999 FY 2000
(10 Mo.)
$0 $0 $0
FISCAL IMPACT - Local Government FY 1998 FY 1999 FY 2000
(10 Mo.)
$0 $0 $0
FISCAL IMPACT - Small Business
This proposal could have a positive impact on small businesses to the extent
that employees performing free work are not currently exempted from chapter
287 or chapter 288.
DESCRIPTION
The proposal would provide immunity to entities that receive free work or
supervise free work performed by any person on parole or probation. The
probationer or parolee would not be considered employees within the meaning
of chapter 287 (workers' compensation) or chapter 288 (employment security)
nor considered employees of the state; any city or county; or public, private
or charitable entity for the purpose of determining benefits, unless
otherwise provided by state law or city or county ordinance or order.
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
Coordinating Board for Higher Education
Office of Administration
Office of State Courts Administrator
Department of Economic Development
Department of Elementary & Secondary Education
Department of Mental Health
Department of Natural Resources
Department of Corrections
Department of Health
Department of Labor & Industrial Relations
Department of Revenue
Department of Social Services
Department of Transportation
Gaming Commission
Missouri Consolidated Health Care Plan
State Highway Employees & Patrol Retirement System
Department of Insurance
Missouri Lottery Commission
Department of Agriculture
Department of Conservation
Missouri House of Representatives
Missouri Senate
State Public Defender
Missouri Tax Commission
Office of the Governor
Office of the Lieutenant Governor
State Auditor
Secretary of State
State Treasurer
NOT RESPONDING: Attorney General
This Fiscal Note is not an official copy and should not be quoted or cited.