This Fiscal Note is not an official copy and should not be quoted or cited.
Fiscal Note - SB 0092 - Revises procedures for the publication of and challenges to administrative rules
SB 92 - Fiscal Note

COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. NO. 0131-01

BILL NO. SB 92

SUBJECT: Administrative Law; General Assembly

TYPE: Original

DATE: January 25, 1999


FISCAL SUMMARY

ESTIMATED NET EFFECT ON STATE FUNDS

FUND AFFECTED FY 2000 FY 2001 FY 2002
General Revenue Fund ($289,460) $0 $0
Total Estimated

Net Effect on All

State Funds

($289,460) $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 4 pages.

FISCAL ANALYSIS

ASSUMPTION

Officials from the Department of Natural Resources (DNR), Department of Public Safety (DPS), Office of Lt. Governor (MLT) and Office of Administration (OA) 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.

Oversight assumes state agencies would be able to handle challenge costs with current staffing and appropriations. Should costs exceed current levels departments could request additional appropriations through the normal budgetary process.

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 have one time costs of $324,360 in FY 2000. 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. SOS estimates paper costs savings at $36,500.

Oversight assumes the duties of the Information Specialist IV would be contracted, therefore, contract cost is included in Equipment and Expense.

Officials from the Office of the State Courts Administrator (CTS) assume this proposal would not fiscally impact the state's courts.

The following list of Departments, Commissions, Offices, and Universities assume no fiscal impact: Governor's Office, Department of Corrections, Department of Elementary and Secondary Education, Department of Conservation, Missouri Division of Highway Safety, Department of Health, Department of Revenue, Attorney General's Office, Department of Labor and Industrial Relations, Missouri Veteran's Commission, Department of Insurance, Missouri State Water Patrol, Missouri State Fire Marshall, Missouri department of Transportation, State Tax Commission, Department of Economic Development, University of Missouri, Central Missouri State University, Southwest Missouri State University, Missouri Western State College, Truman State University, and Harris-Stowe State College.



FISCAL IMPACT - State Government FY 2000 FY 2001 FY 2002
GENERAL REVENUE FUND
Savings - Secretary of State
Reduction in paper costs $36,500 $0 $0
Costs - Secretary of State(SOS)
Code of State Regulations on the Internet
Expense and Equipment ($324,360) $0 $0
Total Costs - SOS ($324,360) $0 $0
Loss - Secretary of State
Reduction in number of Subscribers ($1,600) $0 $0
NET IMPACT ON GENERAL
REVENUE FUND ($289,460) $0 $0
FISCAL IMPACT - Local Government FY 2000 FY 2001 FY 2002
(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.

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

Governor's Office

Department of Insurance

Secretary of State

Office of Administration

Office of State Courts Administrator

Lt. Governor's Office

Office of Attorney General

Department of Corrections

Department of Elementary and Secondary Education

Department of Conservation

Missouri Division of Highway Safety

Department of Public Safety

Department of Natural Resources

Department of Health

Department of Revenue

Department of Labor and industrial Relations

Missouri Veteran's Commission

Southwest Missouri State University

Missouri Department of Transportation

State Tax Commission

Department of Economic Development

Central Missouri State University

Truman State University

Missouri Western State College

University of Missouri







Jeanne Jarrett, CPA

Director

January 25, 1999