Fiscal Note - SB 0239 - Regulation of Lobbying
L.R. NO. 0687-03
BILL NO. SCS for SBs 239 and 45
SUBJECT: Lobbying; Ethics
TYPE: Original
DATE: February 25, 1997
FISCAL SUMMARY
ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
General Revenue $0 $0 $0
--to-- --to-- --to--
($500,000) ($500,000) ($500,000)
Total Estimated $0 $0 $0
Net Effect on All --to-- --to-- --to--
State Funds ($500,000) ($500,000) ($500,000)
ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
None $0 $0 $0
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 Unknown Unknown Unknown
FISCAL ANALYSIS
ASSUMPTION
Officials from the Missouri Ethics Commission (MEC) assume the proposed
legislation would require an appropriation for the Commission to pay for
special prosecutors. The amount of the appropriation is difficult to
determine, since it is unknown the number of complaints that will be referred
for prosecution, the amount of time needed for such prosecution, nor the
charges submitted by the special prosecutors. MEC noted that historically,
prosecution costs have ranged from $500 to $10,000 per case, with an average
of fifty cases per year. Therefore, Oversight assumes costs to pay for
special prosecutors would range from $0 to $500,000 annually.
Officials from Office of State Courts Administrator (CTS) assume the proposed
legislation would expand the power of the Missouri Ethics Commission by
providing for civil actions and, in some instances, the appointment of a
special prosecutor. After a period of adjustment, CTS would anticipate
substantial compliance with the provisions of the Ethics Commission-related
statutes, and would not expect a significant increase in the number of cases
filed.
Officials from the Department of Revenue (DOR) assume DOR would collect and
deposit to General Revenue any penalties assessed and collected by MEC and
would perform duties with existing staff/resources.
Officials from Office of Prosecution Services (OPS) assume the proposed
legislation would have no fiscal impact on their agency, but could result in
savings to counties.
Officials from the Office of Attorney General (AGO), Office of the State
Auditor (SAU), Office of State Public Defender (SPD), Office of the Governor
(GOV), Office of the State Treasurer (STO), Office of the Lieutenant Governor
(MLT), Office of the Secretary of State (SOS), Missouri House of
Representatives (MHR) and the Missouri Senate (SEN) assume the proposed
legislation would have no fiscal impact on their agencies.
FISCAL IMPACT - State Government FY 1998 FY 1999 FY 2000
(10 Mo.)
GENERAL REVENUE FUND
Costs-Missouri Ethics Commission (MEC)
Fees for Special Prosecutors $0 $0 $0
--to-- --to-- --to--
($500,000) ($500,000) ($500,000)
FISCAL IMPACT - Local Government FY 1998 FY 1999 FY 2000
(10 Mo.)
Unknown Unknown Unknown
FISCAL IMPACT - Small Business
No direct fiscal impact to small businesses would be expected as a result of
this proposal.
DESCRIPTION
The proposed legislation would prohibit lobbyists and lobbyist principals
from giving honorariums to public officials and would prohibit public
officials from knowingly accepting such. Lobbyists would also be prohibited
from providing tickets to public officials for out-of-state sporting events.
Each house of the General Assembly would be required to adopt rules regarding
the conditions under which its members could accept meals, food, beverages or
other gifts from a legislative lobbyist. Such rules would allow a member to
reimburse for the actual cost of any meals, food or beverages provided.
This proposal would also require the Missouri Ethics Commission (MEC) to
promulgate rules and regulations establishing a civil penalty for violation
of the lobbying, personal financial disclosure and campaign laws of Missouri.
Additionally, MEC would be required to pay for special prosecutors appointed
to file criminal charges if it has sufficient funds appropriated, when in its
opinion, a criminal violation has occurred. However, if MEC does not have
sufficient funds for payment of a special prosecutor, MEC would refer the
case to the prosecutor or prosecutors having criminal jurisdiction.
Continuing Committees that make an expenditure, other than a contribution to
a committee, of $500 or more that is intended to effect an election or ballot
measure would be required to submit additional reports.
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
Missouri Ethics Commission
Office of State Courts Administrator
Department of Revenue
Office of Prosecution Services
Office of the Attorney General
Office of the State Auditor
Office of State Public Defender
Office of the Governor
Office of the State Treasurer
Office of the Lieutenant Governor
Office of the Secretary of State
Missouri House of Representatives
Missouri Senate
This Fiscal Note is not an official copy and should not be quoted or cited.