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 - SJR 035 - Authorizes legislative review of state agency rules
COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. NO. 3811-02
BILL NO. SJR 35
SUBJECT: Constitutional Amendments: Administrative Rules
TYPE: Original
DATE: February 23, 1998
FISCAL SUMMARY
ESTIMATED NET EFFECT ON STATE FUNDS Net Effect on All State Funds
FUND AFFECTED
FY 1999
FY 2000
FY 2001 General Revenue
($50,500)
$0
$0
Total Estimated
($50,500)
$0
$0
|
ESTIMATED NET EFFECT ON FEDERAL FUNDS | |||
| FUND AFFECTED | FY 1999 | FY 2000 | FY 2001 |
| None | |||
| 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 of the following entities stated the proposal would have no direct fiscal effect: Governor, Lieutenant Governor, Attorney General (depending upon that offices role with regard to citizen's petitions to the legislature), Treasurer, Auditor, Courts Administrator, Department of Mental Health, Department of Elementary and Secondary Education, Coordinating Board for Higher Education, Department of Agriculture, Consolidated Health Care Plan and State Tax Commission.
Officials of the following stated they were uncertain of the fiscal effects of the proposal: Department of Revenue; Department of Natural Resources; Office of Administration; Department of Insurance; Missouri Department of Conservation; Department of Transportation; Department of Insurance; Department of Labor and Industrial Relations, Department of Social Services, and Department of Public Safety.
Oversight assumes the amendment would have no predictable fiscal impact on any agency. The specific delegations of authority could have impact, but those effects would have to be analyzed on a case-by-case basis. It is not possible to predict how many citizens would petition the legislature regarding rules. Costs, if any, due to the need for additional hearings would be a matter for budget decision items.
Advertisement costs for the proposal would be $3,990 per newspaper column inch for three publications of the text of the proposal, the introduction, title, fiscal note summary, and affidavit. The proposal would be on the ballot for the November 1998 general election.
| FISCAL IMPACT - State Government | FY 1999 | FY 2000 | FY 2001 |
| Cost to General Revenue Fund | |||
| Secretary of State | |||
| Newspaper Advertisements | ($50,500) | ||
| FISCAL IMPACT - Local Government | FY 1999 | FY 2000 | FY 2001 |
| 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 proposal would restrict state agencies authority to propose or adopt rules, except rules relating to agency organization or internal management, to those purposes and to the extent allowed by the legislature.
The proposal would also allow any citizen to petition the general assembly upon the grounds that any agency rule or regulation is unreasonably burdensome or inequitable. The general assembly could, upon finding after hearing that the rule is unreasonably burdensome or inequitable, annul the rule or regulation by resolution adopted by both chambers. The resolution would meet all passage requirements of a bill but would not be subject to gubernatorial approval.
This legislation is not federally mandated, would not duplicate any other program, would not require additional capital improvements or rental space, and would not affect total state revenue.
SOURCES OF INFORMATION
Courts Administrator
Department of Agriculture
Missouri Department of Conservation
Department of Transportation
Department of Natural Resources
Department of Revenue
Department of Insurance
Department of Elementary and Secondary Education
Department of Higher Education
Department of Labor and Industrial Relations
Department of Public Safety
Department of Social Services
Missouri consolidated Health Care Plan
Office of Administration
State Tax Commission
Governor
Lieutenant Governor
Attorney General
Auditor
Treasurer
Secretary of State
SOURCES OF INFORMATION (continued)
Not Responding: Gaming Commission, Lottery Commission, Missouri State Employees' Retirement System
Jeanne Jarrett, CPA
Director
February 23, 1998