SB 0944 - Fiscal Note

Fiscal Note - SB 0944 - Revises chapter 610

COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. NO. 2754-08

BILL NO. SB 944

SUBJECT: Public Records: Public Meetings

TYPE: Original

DATE: March 9, 1998

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FISCAL SUMMARY

ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED	FY 1999	FY 2000	FY 2001
Total Estimated Net Effect on All State Funds	$0	$0	$0

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 5 pages.

FISCAL ANALYSIS

ASSUMPTION

Officials of the following agencies/offices/commissions stated that either they would not have any new duties due to this bill, that they could absorb costs of new duties, or that they would request resources for projects encouraged in the bill through decision items in their budgets: Agriculture, Conservation, Corrections, Economic Development, Elementary and Secondary Education, Health, Higher Education, Labor, Mental Health, Natural Resources, Public Safety, Revenue, Social Services, Transportation, Governor, Lt. Governor, Attorney General, Tax Commission, Gaming Commission, Courts Administrator, Chief Clerk of the House, Secretary of the Senate, Auditor, Treasurer, Missouri State Employees Retirement System, Highway Retirement System, and Missouri Consolidated Health Care Plan.

Officials of the Department of Insurance could not estimate costs to establish and maintain public access to electronic records. Officials stated that the costs would be to the Insurance Dedicated Fund.

Department of Conservation officials estimate costs for making all digitally maintained public records available to the public at $300,000 for initial hardware and software purchases/leases and $80,000 per year for maintenance subsequently;

Office of Administration (and State Tax Commission) officials noted that the proposal could encourage more requests for public records which, in the long run, could require that more agency resources be devoted to meeting the requests.

Oversight assumes that agencies would request resources for responding to larger numbers of requests for copies of public records and for providing electronic access to public records (which is strongly encouraged, but not required, by this proposal) through decision items in their budget requests.

FISCAL IMPACT - State Government	FY 1999	FY 2000	FY 2001
	(10 Mo.)
	$0	$0	$0
FISCAL IMPACT - Local Government	FY 1999	FY 2000	FY 2001
	(10 Mo.)
	$0	$0	$0
FISCAL IMPACT - Small Business

No direct fiscal effect on small businesses would be expected due to this proposal.

DESCRIPTION

This proposal would makes changes to the "Open Meetings and Records" law. The proposal would:

1) allow fees for copying public records to include the cost of tapes or disks if the records are stored on tapes or disks;

2) strongly encourage governmental bodies which keep records electronically to provide an electronic access available to the public;

3) expand the definition of "public governmental body" to include independent advisory committees formed to advise governmental bodies;

4) define "public meeting" to include polling members of a governmental bodies, who are conducting public business, by electronic means;

5) require votes, except those of a purely procedural nature, to be by roll call;

6) require notices of public meetings to advise the public of the actual matters to be considered;

7) require that meeting places be large enough to accommodate anticipated public attendance;

8) require public meetings that consist of telephonic or electronic polling of members be set up to allow the public to observe the public body's actions;

9) establish that legal actions, involving imminent causes of actions, settlement agreements, or agents representing the body, of governmental bodies are closed records until final disposition of the matter or unless closed by court order upon finding that a party or parties to the action would be adversely affected;

10) require that any public vote (as the term "public vote" is defined in the proposal, this includes any vote, except votes on purely procedural matters, cast at any open or closed meeting of a public body) on hiring, firing, disciplining, or promoting of public employees be made public within 72 hours of the action taken;

DESCRIPTION (continued)

11) make names and cities of residence of final applicants for employment as executive officers or administrators of public governmental bodies open records;

12) specify that public bodies holding closed meetings close only that portion of the meeting facility needed for the members of the body in the closed session;

13) prohibit governmental bodies from having contracts with caretakers or custodians of records, including computer services and systems, which would significantly impair public access to the records;

14) make individual members of or governmental bodies themselves liable for violations of

the open records law; and

15) make dispositions of criminal cases accessible.

This legislation is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space. This legislation would not affect Total State Revenue.

SOURCES OF INFORMATION

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 Transportation

Department of Insurance

Department of Labor and Industrial Relations

Department of Natural Resources

Department of Public Safety

Department of Revenue

Gaming Commission

State Courts Administrator

State Tax Commission

Highway Department and Highway Patrol Employees Retirement System

SOURCES OF INFORMATION (continued)

Office of Prosecution Services

Chief Clerk - House of Representatives

Secretary of the Senate

Auditor

Attorney General

Governor

Lieutenant Governor

Secretary of State

Treasurer

Jeanne Jarrett, CPA

Director

March 9, 1998