COMMITTEE ON LEGISLATIVE RESEARCH OVERSIGHT DIVISION FISCAL NOTE L.R. No.:3146S.03C Bill No.:SCS for HB 1541 Subject:State Auditor; Attorney General; Counties; County Government; County Officials; Political Subdivisions; Department of Revenue Type:Original Date:May 5, 2022Bill Summary:This proposal modifies provisions relating to finances of political subdivisions. FISCAL SUMMARY ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2023FY 2024FY 2025 General Revenue* $0 to (Unknown, could exceed $1,834,605) $0 to (Unknown)$0 to (Unknown) Total Estimated Net Effect on General Revenue $0 to (Unknown, could exceed $1,834,605)$0 to (Unknown)$0 to (Unknown) * The fiscal impact to the state in FY 2023 is the potential loss of the Department of Revenue’s 2% collection fee (§105.145). Oversight has ranged the impact from $0 (debt is already considered uncollectible and DOR would not have received the 2% fee even without this proposal) to $1,834,605 (which represents if DOR would have collected 100% of the $91 million of outstanding debt allowed to be reduced by this proposal). Oversight assumes the actual loss to the state is on the very low end of this range. ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTEDFY 2023FY 2024FY 2025Total Estimated Net Effect on Other State Funds $0$0$0 Numbers within parentheses: () indicate costs or losses. L.R. No. 3146S.03C Bill No. SCS for HB 1541 Page 2 of May 5, 2022 NM:LR:OD ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND AFFECTEDFY 2023FY 2024FY 2025Total Estimated Net Effect on All Federal Funds $0$0$0 ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND AFFECTEDFY 2023FY 2024FY 2025Total Estimated Net Effect on FTE 000 ☒ Estimated Net Effect (expenditures or reduced revenues) expected to exceed $250,000 in any of the three fiscal years after implementation of the act or at full implementation of the act. ☐ Estimated Net Effect (savings or increased revenues) expected to exceed $250,000 in any of the three fiscal years after implementation of the act or at full implementation of the act. ESTIMATED NET EFFECT ON LOCAL FUNDSFUND AFFECTEDFY 2023FY 2024FY 2025 Local Government* (Unknown, could exceed $555,241) (Unknown, could exceed $3,353,692) (Unknown, could exceed $3,353,692) * Part of the net fiscal impact to the local political subdivision is the potential loss of the Department of Revenue’s 2% collection fee (§105.145). Oversight has ranged the impact from $0 (debt is already considered uncollectible and DOR would not have received the 2% fee even without this proposal) to $1,834,605 (which represents if DOR would have collected 100% of the $91 million of outstanding debt allowed to be reduced by this proposal). Oversight assumes the actual impact is on the very low end of this range. Additional fiscal impact is reflected for potential pay increases for various local public officials FISCAL ANALYSIS ASSUMPTION §§50.327 & 58.095 – Compensation for County Coroners and Salary Schedules for 3 rd Class Counties L.R. No. 3146S.03C Bill No. SCS for HB 1541 Page 3 of May 5, 2022 NM:LR:OD In response to similar legislation from this year, SS for SCS for HCS for HB 1606, officials from various counties did not respond to Oversight’s request for fiscal impact regarding this proposal. Oversight assumes §§50.327 & 58.095 state the county commission is responsible for determining the salary for the county coroner in non-charter counties. Section 58.095 contains the base schedule of salaries as determined by the assessed valuation of the county. Section 50.327 adds an additional salary increase of up to $14,000 on top of the base schedule if approved by the county commission. Oversight is unclear of how much each county coroner receives in salary. However, there are 109 non-charter counties that could be considered for the additional funds in section 58.095 (if approved by the appropriate county commission). Oversight assumes if all of these counties approved the $14,000 increase, this could be up to $1,526,000 in increased salaries for coroners. However, Oversight assumes no increase coroner’s salaries would take place without the approval by the county commission. Therefore, Oversight will assume a cost of $0 (no salary increases) or up to $1,526,000 (salary increases approved in every non-charter county) for coroners for this proposal. Oversight also notes in similar legislation from this year, SB 704, §50.327.4 relates to the following 3 rd class counties and their assessed valuations as of the 2020 census that are greater than the three hundred million dollars: L.R. No. 3146S.03C Bill No. SCS for HB 1541 Page 4 of May 5, 2022 NM:LR:OD Oversight notes the proposal does not specify how the base schedules should be amended for the computation of salaries for 3 rd class county positions. Currently, the base salary for each of the positions in this section are as follows: C ounty 2 020 C lassification A ssessed Valuation A dair 3 415,860,739 A ndrew 3 309,826,694 A udrain 3 416,179,373 B arry 3 578,441,026 B enton 3 307,087,967 B utler 3 667,507,793 C linton 3 353,505,104 C rawford 3 368,867,929 D unklin 3 314,994,430 H enry 3 435,915,841 H owell 3 534,978,779 L aclede 3 490,308,053 L awrence 3 546,241,819 M arion 3 519,654,554 M cDonald 3 315,078,544 M iller 3 492,134,546 M organ 3 572,600,385 N ew Madrid 3 455,255,626 N odaway 3 399,126,552 P erry 3 404,312,108 P helps 3 687,863,962 P ike 3 307,484,509 P olk 3 397,316,316 P ulaski 3 553,132,765 R andolph 3 526,364,813 R ay 3 393,522,956 S cott 3 536,493,885 S te. Genevieve 3 891,214,089 S toddard 3 522,288,378 S tone 3 749,458,097 W arren 3 674,203,668 W ebster 3 508,888,557 L.R. No. 3146S.03C Bill No. SCS for HB 1541 Page 5 of May 5, 2022 NM:LR:OD Therefore, Oversight will also assume a $0 (no adjustment to salaries) or unknown additional costs to 3 rd class county salaries for this section of the proposal. §§50.815 & 50.820 – County Financial Statements Officials from the Clay County Auditor’s Office assume the provisions from RSMo 50.815.2.8 to include salary information in the annual financial statement will cost Clay County approximately another $161 to publish more information in the newspaper--based on recent costs for publication. In response to similar legislation from 2020, HB 1814, officials at Henry County assumed a savings of $1,800 annually in publication costs from this proposal. Oversight inquired with Henry County regarding this proposal. The County currently submits a 14 page document to the newspaper which lists out every dollar by vendor. Since this proposal requires a summary of data to be published in the newspaper, Henry County’s publishing costs would be reduced as the number of pages would be reduced that would be submitted to the newspaper. In response to similar legislation from 2020, HB 1814, officials at Lincoln County assumed a savings of $2,000 annually in publication costs from this proposal. In response to similar legislation from 2020, HB 1814, officials at Livingston County assumed a savings of $2,500 annually in publication costs from this proposal. Oversight assumes using the counties above as an example, if the average savings of the three counties publication costs is $2,100 and 96 counties (2 nd , 3 rd and 4 th class counties) in Missouri B ase Salary a t $300,000,000 S ection A ssessed Valuation 4 9.082 C ounty Commissioners 2 9,700 $ 5 0.334 R ecorder of Deeds 4 5,000 $ 5 1.281 C ounty Clerks 4 5,000 $ 5 1.282 C ounty Clerk (Clay) 3 4,500 $ 5 2.269 C ounty Collectors 4 5,000 $ 5 3.082 A ssessors 4 5,000 $ 5 3.083 A ssessor (Clay) N /A 5 4.261 T reasurers 4 5,000 $ 5 4.320 C ollector/Treasurer (Townships) 4 5,000 $ 5 5.091 A uditor 4 5,000 $ 5 6.265 P rosecuting Attorneys 5 5,000 $ 5 8.095 C oroners 1 6,000 $ 4 73.742 P ublic Administrators 4 5,000 $ L.R. No. 3146S.03C Bill No. SCS for HB 1541 Page 6 of May 5, 2022 NM:LR:OD published their financials in the newspaper, the potential savings could be up to $201,600 ($2,100 * 96) per year. Therefore, Oversight will reflect a potential savings in publication costs for counties to post their financials through a newspaper of general circulation in their county that could exceed $100,000 annually from this proposal. In response to similar legislation from this year, SS for SCS for HCS for HB 1606, officials from Boone County and Greene County each assumed the proposal will have no fiscal impact on their respective organizations. Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal note for these agencies for these sections. §58.200 – Vacancy in Sheriff’s position Oversight does not have any information to the contrary in §58.200. Should the sheriff’s position become vacant and the county coroner becomes acting sheriff until the position is filled, the salary of the coroner should be increased by the difference between the sheriff’s salary and the coroner’s salary. Oversight assumes this would occur on an infrequent basis and would have a minimal fiscal impact on counties. Therefore, Oversight will not reflect a fiscal impact for this section. §70.631 – Public Safety Personnel retirement Officials from the Joint Committee on Public Employee Retirement (JCPER) assume the proposal has no direct fiscal impact to the Joint Committee on Public Employee Retirement. The JCPER’s review of this legislation indicates it would not create a “substantial proposed change” in future plan benefits as defined in Section 105.660(10). Current Status of the LAGERS as of February 28, 2021 (most recent actuarial valuation): Number of participating employers as of February 28, 2021: 801 Active Members: General: 25,974 Police: 6,591 Fire: 2,715 Public Safety: 100 Total Actives: 35,380 Inactive Members: 16,413 Total membership: 51,793 L.R. No. 3146S.03C Bill No. SCS for HB 1541 Page 7 of May 5, 2022 NM:LR:OD Funded Ratio Market Value of Assets: $9,246,453,190 100.7% Actuarial Value of Assets: $8,777,019,738 95.6% Liabilities: Oversight notes this proposal removes language that limits the provisions in section 70.631 to specific local political subdivisions. Oversight notes the minimum retirement age for general employees is 60 years of age. Oversight assumes this proposal lowers the minimum retirement age to 55 years of age for certain employees defined as public safety personnel. Oversight assumes there could be an increase in employer contributions for local political subdivisions for employees they elect to cover under the retirement system as public safety personnel who retire at the age of 55 instead of 60. Oversight notes each individual employer electing to add certain employees as public safety personnel would have an actuarial cost statement done to determine if the change would require an increase in the employers’ contribution rate. Oversight notes the limitation on increases in employer contribution rates does not appear to apply to any contribution increase resulting from this proposal. Additionally, Oversight notes the board can set different rates of contributions employers having policeman members or having fireman members (70.730.4, RSMo). Oversight is uncertain if “public safety personnel” would qualify as policeman members or fireman members which would allow for a different contribution rate than general employees. Oversight will show a range of $0 (no local political subdivisions elect to cover additional employees as public safety personnel) to an unknown cost to local political subdivisions if an increase in employer contributions were needed. Oversight assumes this proposal is discretionary and would have no fiscal impact without action by the governing body. §105.145 – Financial statements of political subdivisions Officials from the Office of Administration - Budget and Planning (B&P) state the proposal excludes the fine for failure to submit annual financial statements for political subdivisions with gross revenues of less than $5,000, or for political subdivisions that have not levied or collected sales or use taxes in the fiscal year. This may result in a revenue loss for both the state and schools. It also provides grace from fines if the failure to timely submit the annual financial statement is the result of fraud or other illegal conduct and allows a refund by DOR of any fines already paid under these circumstances. The 90% downward adjustment DOR is allowed to make on L.R. No. 3146S.03C Bill No. SCS for HB 1541 Page 8 of May 5, 2022 NM:LR:OD outstanding fine or penalty balances after January 1, 2023 results in the amount of collections being reduced for both the state and DOR collection fees. A similar downward adjustment may be made by DOR if the outstanding fines are deemed uncollectable. These downward adjustments will likewise result in a revenue loss for both the state and schools. The SCS contains the disincorporation provisions that were included in subsections 105.145.16 through 105.145.20 in the earlier political subdivision bills as a consequence for noncompliance. Based on information from DOR, the department started imposing this fine in August 2017. B&P defers to DOR for more specific estimates of fines and actual collection costs. Officials from the Department of Revenue (DOR) state §105.145- Annual Financial Statement (Effective August 28, 2022) provides that currently, local political subdivisions are required to file annual financial statements with the State Auditor’s Office. Failure to file those statements results in the political subdivision being assessed a fine of $500 per day per statutes, which is deposited into local school district funds. DOR notes that the Department started imposing this fine in August 2017. DOR receives notice from the State Auditor’s Office if a political subdivision does not file their annual financial statement. At that time, the DOR sends a notice to the political subdivision and thirty days later the fee starts to accumulate. DOR collects the fine by offsetting any sales or use tax distributions due to the political subdivisions. In essence, the DOR only gets to collect the fee if the political subdivision has a sales or use tax. Most of these political subdivisions do not have a sales or use tax for the Department to collect, so the DOR assumes much of what is owed is uncollectable. This is not state money but local political subdivision funds. Currently, a transportation development district that has gross revenues of less than $5,000 in a fiscal year is not subject to this fine. This proposal adds language that any political subdivision with less than $5,000 in revenue or has not levied or collected sales or use taxes in the fiscal year in which the report is due is not subject to the fine. This will change how the Department determines the fine. This proposal also adds a provision that if failure to file the report is a result of fraud or other illegal conduct by an employee of the political subdivision, they will not be subject to the fine. The DOR notes that per statute, the Department is allowed to retain 2% of the amount collected for administration. Since the program began, DOR has collected $66,621 (rounded) which has been deposited into General Revenue. All DOR collection fees are deposited into General Revenue and are not retained by the Department. Current records of the Department show total fines assessed of $105,253,522 and that $3,331,032 (rounded) has been collected. The DOR is showing the assessment of the fines by the county in which the district that owes the fine is located. L.R. No. 3146S.03C Bill No. SCS for HB 1541 Page 9 of May 5, 2022 NM:LR:OD County Total Fine Imposed Total Fine Collected Adair$751,000.00$1,500.00Andrew$63,500.00$0.00Atchison$855,000.00$0.00Audrain$1,014,500.00$0.00Barry$1,863,500.00$16,202.57Barton $0.00$0.00Bates$944,000.00$30,500.00Benton$236,500.00$0.00Bollinger$1,682,500.00$0.00Boone$259,000.00$24,588.62Buchanan$1,100,000.00$53,342.38Butler$1,624,000.00$35,414.25Caldwell$100,000.00$15,312.17Callaway$493,000.00$2,635.05Camden$1,002,000.00$22,360.55Cape Girardeau$280,000.00$0.00Carroll$3,127,000.00$0.00Carter$1,908,000.00$103,500.00Cass$4,128,500.00$5,184.54Cedar$221,000.00$28,500.00Chariton$659,500.00$39,500.00Christian$2,219,500.00$0.00Clark$652,000.00$37,500.00Clay$1,211,000.00$14,500.00Clinton$982,000.00$16,500.00Cole$633,000.00$5,097.95Cooper$1,220,000.00$17,500.00Crawford$1,335,500.00$15,500.00Dade$211,500.00$0.00Dallas$1,202,500.00$0.00Daviess$623,500.00$0.00DeKalb$643,500.00$0.00Dent$194,500.00$0.00Douglas$0.00$0.00Dunklin$1,790,000.00$14,131.34Franklin$1,357,000.00$1,064.01 L.R. No. 3146S.03C Bill No. SCS for HB 1541 Page 10 of 19 May 5, 2022 NM:LR:OD Gasconade$65,500.00$5,036.88Gentry$1,372,000.00$26.98Greene$705,500.00$0.00Grundy$847,500.00$0.00Harrison$588,000.00$0.00Henry$786,000.00$77,296.43Hickory$614,500.00$0.00Holt$1,701,000.00$10,500.00Howard$888,000.00$147,500.00Howell$642,500.00$11,000.00Iron$29,500.00$12,000.00Jackson$2,060,500.00$297,846.94Jasper$327,500.00$101,100.62Jefferson$1,203,000.00$19,301.01Johnson$589,500.00$1,500.00Knox$1,168,500.00$0.00Laclede$240,000.00$12,000.00Lafayette$283,500.00$34,028.54Lawrence$2,699,500.00$0.00Lewis$1,583,000.00$0.00Lincoln$1,051,500.00$31,000.00Linn$795,500.00$15,000.00Livingston$1,158,000.00$0.00Macon$236,500.00$0.00Madison$1,777,500.00$79,389.02Maries$118,000.00$0.00Marion$55,500.00$0.00McDonald$161,500.00$0.00Mercer$439,000.00$0.00Miller$801,500.00$4,598.44Mississippi$101,000.00$4,977.98Moniteau$0.00$0.00Monroe$42,000.00$10,000.00Montgomery$311,000.00$3,500.00Morgan $0.00$0.00New Madrid$1,631,500.00$122,693.96Newton$440,500.00$25,500.00 L.R. No. 3146S.03C Bill No. SCS for HB 1541 Page 11 of 19 May 5, 2022 NM:LR:OD Nodaway$2,637,000.00$19,500.00Oregon $0.00$0.00Osage$610,500.00$12,104.21Ozark$43,000.00$43,000.00Pemiscot$2,513,000.00$6,500.00Perry$1,613,500.00$0.00Pettis$599,000.00$0.00Phelps$333,500.00$50,000.00Pike$19,500.00$0.00Platte$890,000.00$22,500.00Polk$507,500.00$0.00Pulaski$1,327,500.00$17,000.00Putnam$3,000.00$0.00Ralls$177,500.00$38,326.99Randolph$1,177,000.00$10,500.00Ray$2,211,500.00$0.00Reynolds$595,500.00$1,184.60Ripley$342,500.00$0.00Saline$849,500.00$0.00Schuyler$449,000.00$18,500.00Scotland$757,500.00$0.00Scott$1,853,000.00$620.44Shannon$287,000.00$135,998.71Shelby$6,500.00$6,500.00St. Charles$1,361,500.00$67,084.06St. Clair$2,012,500.00$265.88St. Francois$294,000.00$0.00St. Louis$3,260,500.00$895,058.73St. Louis City$5,548,000.00$149,299.59Ste. Genevieve$0.00$0.00Stoddard$1,346,500.00$136,084.38Stone$886,022.00$88,521.99Sullivan$695,500.00$0.00Taney$1,453,500.00$8,500.00Texas$1,096,500.00$42,500.00Vernon$1,227,000.00$12,000.00Warren$10,500.00$10,500.00 L.R. No. 3146S.03C Bill No. SCS for HB 1541 Page 12 of 19 May 5, 2022 NM:LR:OD Washington$680,500.00$12,000.00Wayne$1,026,000.00$852.29Webster$429,000.00$0.00Worth$19,000.00$0.00Wright $0.00$0.00Grand Total$105,253,522.00$3,331,032.10 This proposal would result in fewer fines being assessed in the future. As stated previously, many of these current political subdivisions do not have any sales or use tax collected, so they may be able to avoid future penalties. This proposal also allows for a one-time reduction of a political subdivisions current outstanding balance. Should a political subdivision file its reports by January 1, 2023, they will be entitled to a one-time downward adjustment of their existing fine by 90%. The current outstanding balance is $101,922,490 ($105,253,522 owed - $3,331,032.10 collected). This is money the Department notes is owed, but most likely uncollectable. Should it be collected, it would be forwarded to the local school district funds. If all the fine money is eligible for the one-time reduction, this would result in $94,728,170 ($105,253,522 * .90, rounded) no longer being owed. Oversight notes if all political subdivisions file their report and receive the reduction, it would be a loss of $89,895,636 to the local school districts from not receiving the fine money, a loss to the state of $1,834,605 in collection fees and a gain to the local political subdivisions of $91,730,241($101,922,490 * 90%). Reducing the future fines would help save the local political subdivisions money; however, due to the uncollectability of most of this money, the DOR assumes no additional impact to the state. Oversight does not have any information to the contrary. Therefore, Oversight will reflect a potential loss of fine revenue stated by DOR to the General Revenue Fund for this proposal. Also, Oversight notes that because of the new language for certain local political subdivisions if failure to file a financial statement is the result of fraud or illegal conduct by an employee or officer of the political subdivision and the political subdivision complies with filing the financial statement within thirty days of the discovery of the fraud or illegal conduct, then the fine shall not be assessed. Oversight assumes the new language could result in a savings to local political subdivisions on fine fees. Therefore, Oversight will also reflect a savings to local political subdivisions of $0 to unknown for this proposal. Oversight also notes this proposal is allowing a political subdivision that files its financial statement after January 1, 2023, to receive a one-time 90% reduction of their outstanding balance of their fines owed. L.R. No. 3146S.03C Bill No. SCS for HB 1541 Page 13 of 19 May 5, 2022 NM:LR:OD Oversight also notes that the loss in fine revenue collected by DOR would result in a savings to the local political subdivisions who would no longer need to pay the fine revenue. It would also result in a loss of revenue to School Districts on these fines no longer being collected. Therefore, Oversight will reflect a savings to local political subdivisions on the fines no longer being collected and a loss of 98% of the fine revenue no longer going to the school districts for this proposal. Oversight notes that the DOR is allowed to retain two percent of the fine revenue collected (per §105.145.11). Oversight assumes a large majority of the $101,922,490 of outstanding fines to be uncollectible. Therefore, Oversight will range the fiscal impact from this proposal from $0 to DOR’s estimates. In response to similar legislation from this year, HCS for HB 2220, officials from the Platte County Board of Elections stated that a vote to disincorporate a small political subdivision may cost $6,000 if the LPS is the only entity holding an election. Oversight also notes 105.145.18(4) states any costs of submitting the question shall be paid by the political subdivisions. Oversight will reflect a $0 or (Unknown) cost to local political subdivisions for such election costs. In response to similar legislation from this year, HCS for HB 2220, officials from the cities of Kansas City, O’Fallon and SpringfieldOffice of the State Courts Administrator each assumed the proposal will have no fiscal impact on their respective organizations. Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal note for these agencies for this section. In response to similar legislation from this year, HCS for HB 2220, officials from the Jackson County Board of Elections assumed the proposal will have no fiscal impact on their organization. Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal note. In response to similar legislation from this year, HCS for HB 2220, officials from the Attorney General’s Office (AGO) assumed any additional litigation costs arising from this proposal can be absorbed with existing personnel and resources, however, the AGO may seek additional appropriations if there is a significant increase in litigation. In response to similar legislation from this year, HCS for HB 2220, officials from the Cities of: Claycomo and the St. Louis City and the Greene County each assumed the proposal will have no fiscal impact on their respective organizations. Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal note for these agencies. §233.095 – Finances of Special Road Districts In response to a previous version, officials from the City of Springfield and the City of St. Louis each assumed the proposal will have no fiscal impact on their organizations. Oversight L.R. No. 3146S.03C Bill No. SCS for HB 1541 Page 14 of 19 May 5, 2022 NM:LR:OD does not have any information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal note for this section. §473.742 – Salaries of Public Administrators In response to similar legislation from this year, SS for SCS for HCS for HB 1606, officials from Clinton County assumed the proposal will have no fiscal impact on their organization. Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal note for this agency. In response to similar legislation from this year, HCS for HB 2450, officials from the Public Administrator’s Office for the City of St. Louis assumed the proposal will have no fiscal impact on their organization. Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal note for this agency. Oversight notes each county has a public administrator, including the City of St. Louis. Oversight also notes that, currently, an incoming public administrator may elect to receive a salary or receive fees as may be allowed by law. Under terms of this proposal every public administrator beginning a first term on or after January 1, 2023, shall be deemed to have elected to receive a salary as provided in this section. Oversight assumes this proposal would potentially increase the salaries in 2 nd , 3 rd and 4 th class counties based on assessed valuation. Oversight took the highest salary cap at 39 letters opened of $25,000 and calculated the difference in salary that would be increased based on the assessed valuation in the chart below. Using the Total Assessed Valuation by County in the 76 th Annual Report from the State Tax Commission, Oversight also organized the 2 nd , 3 rd , and 4 th class counties into salary classifications based on the assessed valuation. From this chart, Oversight assumes there could be salary increases collectively exceeding $1,721,000. Adding additional payroll taxes and workers’ compensation would yield a potential cost that could exceed $1,927,692 and Oversight will reflect this amount in the fiscal note for this proposal. L.R. No. 3146S.03C Bill No. SCS for HB 1541 Page 15 of 19 May 5, 2022 NM:LR:OD SEQ CHAPTER \h 1 Bill as a Whole Officials from the Department of Commerce and Insurance, the Department of Economic Development, the Department of Social Services, the Missouri Department of Transportation, the City of Kansas City, the Platte County Board of Elections, the St. Louis County Board of Elections, the Phelps County Sheriff’s Office, the Local Government Employees Retirement System, the Office of the State Auditor, the Joint Committee on Administrative Rules and the State Tax Commission each assume the proposal will have no fiscal impact on their respective organizations. Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal note for these agencies. Officials from the Office of the Secretary of State (SOS) note many bills considered by the General Assembly include provisions allowing or requiring agencies to submit rules and regulations to implement the act. The SOS is provided with core funding to handle a certain amount of normal activity resulting from each year's legislative session. The fiscal impact for this fiscal note to the SOS for Administrative Rules is less than $5,000. The SOS recognizes that this is a small amount and does not expect that additional funding would be required to meet these costs. However, the SOS also recognizes that many such bills may be passed by the A ssessed Valuation C ounty C lass N umber of C ounties* H ighest S alary A ssessed S alary D ifference i n Salary P otential A djusted Salary $ 8,000,000 to $40,999,999 3 1 2 5,000 $ 2 9,000 $ 4 ,000 $ 4 ,000 $ $ 41,000,000 to $53,999,999 0 0 2 5,000 $ 3 0,000 $ 5 ,000 $ -$ $ 54,000,000 to $65,999,999 0 0 2 5,000 $ 3 2,000 $ 7 ,000 $ -$ $ 66,000,000 to $85,999,999 3 2 2 5,000 $ 3 4,000 $ 9 ,000 $ 1 8,000 $ $ 86,000,000 to $99,999,999 3 2 2 5,000 $ 3 6,000 $ 1 1,000 $ 2 2,000 $ $ 100,000,000 to $130,999,999 3 1 0 2 5,000 $ 3 8,000 $ 1 3,000 $ 1 30,000 $ $ 131,000,000 to $159,999,999 3 1 3 2 5,000 $ 4 0,000 $ 1 5,000 $ 1 95,000 $ $ 160,000,000 to $189,999,999 3 8 2 5,000 $ 4 1,000 $ 1 6,000 $ 1 28,000 $ $ 190,000,000 to $249,999,999 3 1 2 2 5,000 $ 4 1,500 $ 1 6,500 $ 1 98,000 $ $ 250,000,000 to $299,999,999 3 9 2 5,000 $ 4 3,000 $ 1 8,000 $ 1 62,000 $ $ 300,000,000 to $449,999,999 3 , 4 1 5 2 5,000 $ 4 5,000 $ 2 0,000 $ 3 00,000 $ $ 450,000,000 to $599,999,999 3 , 4 1 4 2 5,000 $ 4 7,000 $ 2 2,000 $ 3 08,000 $ $ 600,000,000 to $749,999,999 3 , 4 6 2 5,000 $ 4 9,000 $ 2 4,000 $ 1 44,000 $ $ 750,000,000 to $899,999,999 3 1 2 5,000 $ 5 1,000 $ 2 6,000 $ 2 6,000 $ $ 900,000,000 to $1,049,999,999 2 2 2 5,000 $ 5 3,000 $ 2 8,000 $ 5 6,000 $ $ 1,050,000,000 to $1,199,999,999 2 1 2 5,000 $ 5 5,000 $ 3 0,000 $ 3 0,000 $ $ 1,200,000,000 to $1,349,999,999 0 0 2 5,000 $ 5 7,000 $ 3 2,000 $ -$ $ 1,350,000,000 and over 0 0 2 5,000 $ 5 9,000 $ 3 4,000 $ -$ 9 6 1 ,721,000 $ P ayroll taxes 7 .65% 1 31,657 $ W ork Comp 4 .36% 7 5,036 $ G rand Total 1 ,927,692 $ * Number of Counties were based off of the Total Assessed Valuation by County in the 76th Annual Report from the State Tax C ommission L.R. No. 3146S.03C Bill No. SCS for HB 1541 Page 16 of 19 May 5, 2022 NM:LR:OD General Assembly in a given year and that collectively the costs may be in excess of what the office can sustain with its core budget. Therefore, the SOS reserves the right to request funding for the cost of supporting administrative rules requirements should the need arise based on a review of the finally approved bills signed by the governor. Oversight assumes the SOS could absorb the costs of printing and distributing regulations related to this proposal. If multiple bills pass which require the printing and distribution of regulations at substantial costs, the SOS could request funding through the appropriation process. Oversight only reflects the responses received from state agencies and political subdivisions; however, other cities, local election authorities, counties, recorder of deeds, auditors, collectors, treasurers, public administrators and sheriff offices were requested to respond to this proposed legislation but did not. A listing of political subdivisions included in the Missouri Legislative Information System (MOLIS) database is available upon request. FISCAL IMPACT – State GovernmentFY 2023 (10 Mo.) FY 2024FY 2025GENERAL REVENUELoss – DOR – 2% of collection fee on future potential fines no longer assessed because LPS no longer required to file due to changes in the bill (§105.145) p. 7 - 13 $0 to (Unknown) $0 to (Unknown) $0 to (Unknown) Loss – DOR – 2% collection fee that may have been collected if not for the one-time decrease of 90% of the outstanding balance from the local political subdivision if they submit a timely financial statement by 1/1/23 (§105.145) p. 7 -13 $0 or up to ($1,834,605)$0$0 ESTIMATED NET EFFECT ON GENERAL REVENUE $0 or (Unknown, could exceed $1,834,605) $0 to (Unknown) $0 to (Unknown) L.R. No. 3146S.03C Bill No. SCS for HB 1541 Page 17 of 19 May 5, 2022 NM:LR:OD FISCAL IMPACT – Local GovernmentFY 2023 (10 Mo.) FY 2024FY 2025LOCAL POLITICAL SUBDIVISIONS Savings – in publication costs on financials posted in a newspaper of general circulation (§§50.815 & 50.820) p. 5 - 6 Could exceed $100,000 Could exceed $100,000 Could exceed $100,000 Cost – potential salary increases for county coroners (§§50.327 & 58.095) p. 3 $0 or up to ($1,526,000) $0 or up to ($1,526,000) $0 or up to ($1,526,000) Costs – adjustment on base schedules for county officials (§50.327.4) p. 3 $0 or (Unknown) $0 or (Unknown) $0 or (Unknown) Cost – potential increase in employer contribution rates for employers who elect to cover certain positions as public safety personnel – (§70.631) p. 6-7 $0 or (Unknown) $0 or (Unknown) $0 or (Unknown) Savings – on potential fines for certain LPS (§105.145) p. 7$0 to Unknown$0 to Unknown$0 to Unknown Loss – School districts receiving less fine revenue (from savings above) (§105.145) p. 13 $0 to (Unknown) $0 to (Unknown) $0 to (Unknown) Costs – Election costs to disincorporation (§105.145) p. 13 $0 or (Unknown) $0 or (Unknown) $0 or (Unknown) Savings – on fine revenue that is reduced with a one-time reduction of 90% on the outstanding balance due if they submit a timely financial statement by 1/1/23 (§105.145) p. 7 - 13 $0 or up to $91,730,241$0$0 Loss – School Districts – reduction in fine revenue from one-time adjustment of fine revenue (§105.145) p. 7 - 13 $0 or up to ($89,895,636)$0$0 L.R. No. 3146S.03C Bill No. SCS for HB 1541 Page 18 of 19 May 5, 2022 NM:LR:OD Cost – Potential salary increases for public administrators (§473.742) p. 14- 15 $0 to (Could exceed $963,846) $0 to (Could exceed $1,927,692) $0 to (Could exceed $1,927,692) ESTIMATED NET EFFECT ON LOCAL POLITICAL SUBDIVISIONS (Unknown, could exceed $555,241) (Unknown, could exceed $3,353,692) (Unknown, could exceed $3,353,692) FISCAL IMPACT – Small Business No direct fiscal impact to small businesses would be expected as a result of this proposal. FISCAL DESCRIPTION This proposal modifies provisions relating to finances of political subdivisions. 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 Missouri Department of Transportation City of Springfield City of St. Louis Office of Administration – Budget and Planning Department of Commerce and Insurance Department of Revenue Attorney General’s Office Office of the Secretary of State City of Claycomo City of Kansas City City of O’Fallon Jackson County Board of Elections Platte County Board of Elections St. Louis County Board of Elections Greene County Office of the State Auditor Joint Committee on Administrative Rules Office of the State Courts Administrator Department of Economic Development Department of Social Services L.R. No. 3146S.03C Bill No. SCS for HB 1541 Page 19 of 19 May 5, 2022 NM:LR:OD Phelps County Sheriff’s Office Local Government Employees Retirement System Joint Committee on Public Employee Retirement State Tax Commission Clay County Auditor Henry County Lincoln County Livingston County Boone County Clinton County Julie MorffRoss StropeDirectorAssistant DirectorMay 5, 2022May 5, 2022