Fiscal Note - SB 0060 - Provides Employers Who Give Employee References With Immunity
L.R. NO. 0401-01
BILL NO. SB 60
SUBJECT: Employer Immunity
TYPE: Original
DATE: December 20, 1996
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 not 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), Office of the Lt. Governor (MLT), Tax Commission (TAX),
Department of Economic Development (DED), Department of Labor & Industrial
Relations (DOL), Office of Administration (COA) - Division of Personnel,
Office of the Governor (GOV), Highway & Transportation Employees' & Highway
Patrol Retirement System (HRS), Department of Health (DOH), Department of
Revenue (DOR), Department of Social Services (DOS), State Auditor (SAU),
Department of Mental Health (DMH), Missouri Senate (SEN), Department of
Conservation (MDC), Lottery Commission (LOT), Department of Corrections
(DOC), Missouri Consolidated Health Care Plan (HCP), State Public Defender
(SPD), Department of Agriculture (AGR), State Treasurer (STO), Department of
Labor & Industrial Relations (DOL), Department of Elementary & Secondary
Education (DES), and Department of Public Safety (DPS).
The Office of State Courts Administrator (CTS) would expect one or more cases
to test the parameters of the law, but the CTS would not anticipate a
significant increase in its' workload. Oversight assumes the fiscal impact
would be zero.
The Department of Natural Resources (DNR) assumes that the proposal would
create no significant increase in its' workload, but it could have a positive
impact by improving response time to inquiries, resulting in more informed
hiring decisions and reduced costs associated with bad hires.
The Department of Transportation (DHT) assumes that there would be incidental
expenses associated with disclosing information and an undetermined, but
significant fiscal impact relating to legal expenses incurred to defend suits
filed for alleged violations. Oversight assumes that any costs incurred
could be absorbed with existing resources. In response to a similar proposal
from the 1996 session, DHT assumed that it could absorb the incidental
expenses and any additional work resulting.
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
No direct economic impact to small business would be expected.
DESCRIPTION
The proposal would allow former employers to release certain information
pertaining to a former employee to a prospective employer. Unless the lack
of good faith would be shown, the employer or designee releasing the
information would be immune from civil liability.
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
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: Coordinating Board for Higher Education and Attorney
General.
This Fiscal Note is not an official copy and should not be quoted or cited.