This Fiscal Note is not an official copy and should not be quoted or cited.
Fiscal Note - SB 0622 - Code of state regulations to be electronically accessible; members of gen. assembly to have standing to challenge rules
SB 622 - Fiscal Note

COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. NO. 2664-02

BILL NO. SB 622

SUBJECT: Administrative Law; General Assembly

TYPE: Original

DATE: February 13, 1998


FISCAL SUMMARY

ESTIMATED NET EFFECT ON STATE FUNDS

FUND AFFECTED FY 1999 FY 2000 FY 2001
General Revenue Fund ($294,290) $12,290 $11,723
Total Estimated

Net Effect on All

State Funds

($294,290) $12,290 $11,723



ESTIMATED NET EFFECT ON FEDERAL FUNDS

FUND AFFECTED FY 1999 FY 2000 FY 2001
Total Estimated

Net Effect on All

Federal Funds

$0 $0 $0



ESTIMATED NET EFFECT ON LOCAL FUNDS

FUND AFFECTED FY 1999 FY 2000 FY 2001
Local Government $0 $0 $0

Numbers within parentheses: ( ) indicate costs or losses

This fiscal note contains 4 pages.

FISCAL ANALYSIS

ASSUMPTION

Officials from the Department of Insurance assume the fiscal impact of this proposal is indeterminable. This proposal would result in fiscal impact only in the event that a member of the General Assembly challenges a rule promulgated and brings such an action pursuant to the provisions of section 536.050.

Officials from the Secretary of State (SOS) assume the fiscal impact of making the Code of State Regulations available on the world wide web would cost approximately $289,000 in FY 1999. Making the Code and its revisions available on the web would involve hardware and software costs for a dedicated server, document management software, security hardware and software, and costs of electronic conversion of the code. In addition, a .5 FTE Communication Information Specialist IV would be needed to perform these functions. However, SOS also assumes there would be a 25% reduction in the number of people that subscribe to the Code and a corresponding reduction in paper costs to print these volumes.

Offering the Code of State Regulations and the Missouri Register in a searchable form on the Internet is currently under study and, utilizing core budget, the Information Technology Trust Fund and existing staff, is anticipated to be operational during FY2000. If SOS is able to maintain its current plans for automating the Administrative Rules Division, the fiscal impact of putting the Code on the Internet in FY2000 will be included in the requested technological and operating budgets, thereby avoiding additional costs with an accelerated implementation.

Oversight assumes that the Secretary of State will incur some additional costs related to the ongoing maintenance of the Code on the Internet. However, SOS did not provide an estimate of these costs and therefore Oversight did not include any maintenance costs in the fiscal impact analysis. Oversight did extend the yearly costs associated with the Communications Information Specialist IV, along with the associated fringe benefit costs of such FTE. Oversight also assumes that SOS will experience a continued reduction in Code subscribers and a corresponding reduction in paper costs, etc. extending beyond the year 1999.

Officials from the Office of the State Courts Administrator and the Office of Administration, Administrative Hearing Commission assume this proposal would not fiscally impact their agencies.





FISCAL IMPACT - State Government FY 1999 FY 2000 FY 2001
(10 Mo.)
GENERAL REVENUE FUND
Savings - Secretary of State
Reduction in paper costs $36,500 $36,500 $36,500
Costs - Secretary of State(SOS)
Code of State Regulations on the Internet
Personal Service (.5 FTE) ($17,230) ($17,660) ($18,102)
Fringe Benefits ($4,830) ($4,950) ($5,075)
Expense and Equipment ($307,130) $0 $0
Total Costs - SOS ($329,190) ($22,610) ($23,177)
Loss - Secretary of State
Reduction in number of Subscribers ($1,600) ($1,600) ($1,600)
NET IMPACT ON GENERAL
REVENUE FUND ($294,290) $12,290 $11,723
FISCAL IMPACT - Local Government FY 1999 FY 2000 FY 2001
(10 Mo.)
$0 $0 $0
FISCAL IMPACT - Small Business

No direct fiscal impact to small businesses would be expected as a result of this proposal.

DESCRIPTION

This act imposes a requirement upon the Secretary of State to make the Code of State Regulations accessible via the Internet. Other provisions add a new section to chapter 536, RSMo (536.053), which provides standing for a member of the General Assembly to challenge agency rules in circuit court. Legislators would not be required to exhaust administrative remedies and they would be considered a "nonstate" party for purposes of §536.050.

DESCRIPTION (Continued)

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

Department of Insurance

Secretary of State

Office of Administration

Office of State Courts Administrator







Jeanne Jarrett, CPA

Director

February 13, 1998