This Fiscal Note is not an official copy and should not be quoted or cited.
This Fiscal Note is not an official copy and should not be quoted or cited.
Fiscal Note - SB 0481 - Amends Supreme Court rule 5.29 to allow non-attorneys to represent themselves before certain state agencies
COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. NO. 2527-01
BILL NO. SB 481
SUBJECT: Attorneys: Administrative Rules
TYPE: Original
DATE: February 27, 1998
FISCAL SUMMARY
ESTIMATED NET EFFECT ON STATE FUNDS Net Effect on All State Funds
FUND AFFECTED
FY 1998
FY 1999
FY 2000 General Revenue
($50,800)
($51,935)
($53,295)
Total Estimated
($50,800)
($51,935)
($53,295)
|
ESTIMATED NET EFFECT ON FEDERAL FUNDS | |||
| FUND AFFECTED | FY 1998 | FY 1999 | FY 2000 |
| None | |||
| 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 |
Numbers within parentheses: ( ) indicate costs or losses
This fiscal note contains 5 pages.
FISCAL ANALYSIS
ASSUMPTION
Officials from the Office of the Attorney General (AGO) assume they would need one additional FTE Assistant Attorney General I ($30,000 per year), equipment and operating expenses to carry out the provisions of this proposal with an estimated cost of approximately $53,000 per full fiscal year to the General Revenue Fund.
AGO provides legal representation for the majority of state agencies in proceedings before the Administrative Hearing Commission. For example, the Division of Liquor Control imposes approximately 500 license suspensions per year, most of which are currently not appealed to the Administrative Hearing Commission. It is anticipated that the proposed legislation would result in an increase in the number of suspensions appealed and would require additional representation from the AGO.
In response to similar legislation, officials from the Department of Natural Resources (DNR) assumed the proposed legislation may allow corporations to request multiple hearings if they do not believe the designated person adequately represents the corporation or for various other reasons. If DNR experiences a significant increase in staff time and resources to implement this proposal, there could be a corresponding budget request.
Officials from the Department of Social Services - Division of Legal Services assume the proposed legislation may allow corporations to prolong the length of hearings where
non-attorneys are allowed to make objections, present evidence, etc. If the Division of Legal Services experiences a significant increase in staff time and resources to implement this proposal, there could be a corresponding budget request.
Officials from the following agencies assume that costs incurred as a result of the proposed legislation would be zero to minimal and could be absorbed within their respective budgets: Office of Administration, Department of Agriculture, Department of Conservation, Department of Corrections, Department of Economic Development, Department of Elementary and Secondary Education, Department of Health, Department of Higher Education, Department of Labor and Industrial Relations, Missouri Department of Transportation, Department of Insurance, Department of Mental Health, Department of Public Safety, Missouri Veterans Commission, Department of Revenue, Office of State Courts Administrator, State Lottery Commission, State Tax Commission, Missouri Gaming Commission, Office of the Senate, Missouri House of Representatives, Office of the State Auditor, Office of the Governor, Office of the Lieutenant Governor, Office of the Secretary of State, Office of the State Treasurer, Central Missouri State University, ASSUMPTION (Continued)
Missouri Western State College, Truman State University, Southwest Missouri State University, University of Missouri, and the Office of Prosecution Services.
In response to a similar proposal, Missouri Southern State College assumed there would be no fiscal impact on their budget.
Officials from Harris-Stowe College, Lincoln University, Northwest Missouri State University, and Southeast Missouri State University did not respond to our fiscal impact request.
| FISCAL IMPACT - State Government | FY 1998 | FY 1999 | FY 2000 |
| (10 Mo.) | |||
| GENERAL REVENUE FUND | |||
| Costs - Office of the Attorney General (AGO) | |||
| Personal Service (1 FTE) | ($25,000) | ($30,750) | ($31,519) |
| Fringe Benefits | (7,133) | (8,773) | (8,992) |
| Equipment and Expense | (18,667) | (12,412) | (12,784) |
|
ESTIMATED NET EFFECT ON | |||
| GENERAL REVENUE FUND | ($50,800) | ($51,935) | ($53,295) |
| FISCAL IMPACT - Local Government | FY 1998 | FY 1999 | FY 2000 |
| (10 Mo.) | |||
| $0 | $0 | $0 | |
| FISCAL IMPACT - Small Business | |||
Small businesses seeking relief in administrative hearings could experience a savings in legal expenses, as they would no longer be required to employ an attorney for such hearings.
DESCRIPTION
This act expands the effect of Supreme Court Rule 5.29 to proceedings before the Administrative Hearing Commission and Worker's Compensation Commission. Current rule provides for self representation, charging of fees, and business representation by certain employees of the business only in proceedings before the state division of employment security. This act expands these provisions to apply to proceedings before the Administrative Hearing Commission, and Worker's Compensation Commission.
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
Department of Natural Resources
Department of Social Services -- Division of Legal Services
Office of Administration
Department of Agriculture
Department of Conservation
Department of Corrections
Department of Economic Development
Department of Elementary and Secondary Education
Department of Health
Department of Higher Education
Department of Labor and Industrial Relations
Missouri Department of Transportation
Department of Insurance
Department of Mental Health
Department of Public Safety
Missouri Veterans Commission
Department of Revenue
Office of State Courts Administrator
State Lottery Commission
State Tax Commission
Missouri Gaming Commission
Office of the Senate
Missouri House of Representatives
Office of the State Auditor
Office of the Governor
Office of the Lieutenant Governor
SOURCES OF INFORMATION (Continued)
Office of the Secretary of State
Office of the State Treasurer
Central Missouri State University
Missouri Western State College
Truman State University
Southwest Missouri State University
University of Missouri
Office of Prosecution Services
NOT RESPONDING: Harris-Stowe College, Missouri Southern State College, Lincoln University, Northwest Missouri State University, and Southeast Missouri State University.
Jeanne Jarrett, CPA
Director
February 27, 1998