Missouri 2022 2022 Regular Session

Missouri House Bill HB1597 Introduced / Fiscal Note

Filed 03/31/2022

                    COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:3512H.02P Bill No.:Perfected HCS for HB 1597  Subject:Property, Real And Personal; Easements and Conveyances Type:Original  Date:March 31, 2022Bill Summary:This proposal authorizes the conveyance of certain state property. 
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2023FY 2024FY 2025General Revenue*Unknown or
(Unknown)
$0 or Unknown$0 or UnknownTotal Estimated Net 
Effect on General 
Revenue
Unknown or
(Unknown)
$0 or Unknown$0 or Unknown
*Oversight will assume a fiscal impact of less than $250,000. 
ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTEDFY 2023FY 2024FY 2025State Parks Earnings 
Fund (0415)**
More than ($7,000) to 
Unknown
$0$0
Total Estimated Net 
Effect on Other State 
Funds $0$0$0
**Oversight has reflected a potential fiscal impact to the state of the sale proceeds of the parcels 
versus the purchase cost (some portion of the approximately $8 million spent to purchase the 
entire park).  
Numbers within parentheses: () indicate costs or losses. L.R. No. 3512H.02P 
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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 2025Local Government
$0$0 or Unknown$0 or Unknown L.R. No. 3512H.02P 
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FISCAL ANALYSIS
ASSUMPTION
Property in Kirksville/Adair County
Officials from the Office of Administration, Division of Facilities Management, Design and 
Construction state they do not make public the appraisal values for property that may be sold or 
conveyed because public knowledge of such information may hinder the State’s ability to gain 
the best value for the property.  Additionally, since the terms of conveyances are yet to be 
determined, the fiscal impact, if any, cannot be calculated.  Therefore, the fiscal impact is $0 to 
unknown.
Officials from the Office of the Governor, the
National Guard (MNG) and the Attorney General’s Office each assume the proposal would 
not fiscally impact their respective offices.
Officials from the City of Kirksville did not respond to our request for fiscal impact.
As this parcel appears to be material in size (square city block contained by West Scott Street, 
West Fillmore Street, South Main Street and South Elson Street; which currently contains the 
Missouri National Guard Armory building), Oversight will reflect the transaction of the 
conveyance of state property in Adair County to the Kirksville R-III school district as 1) a loss of 
the value of the state property, 2) the proceeds (if any) of the sale/conveyance, and 3) the annual 
savings (if any) to the state no longer maintaining the property.  Oversight will assume a fiscal 
impact of less than $250,000. 
Property in Iron County (HA 2) (Section 3)
Officials from the Department of Natural Resources, the Office of the Governor
Missouri Department of Transportation each assume the proposal will not fiscally impact 
their respective agencies. 
In response to a similar proposal from 2022 (HB 1478), officials from the Office of 
Administration and the Attorney General’s Office
fiscally impact their respective agencies. 
Oversight notes this proposal conveys small parcels of land from the Department of Natural 
Resources (DNR) to the Missouri Department of Transportation (MoDOT) for $1 or less.  
Oversight assumes the fiscal impact of these transactions between DNR and MoDOT are not 
material and therefore we will not reflect a fiscal impact from these conveyances. L.R. No. 3512H.02P 
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Property in Oregon County (Eleven Points State Park) HA 3 (Sections 4 & 5)
In response to a similar proposal from 2022 (HCS for HB Nos. 1972 & 2483), officials from the 
Department of Natural Resources (DNR)
Natural Resources to sell property in Oregon County known as Eleven Point State Park. The bill 
requires the Commissioner of Administration to set terms and conditions of the property transfer 
and the Attorney General to approve the form of the instrument of the conveyance.  The property 
is titled to the Department of Natural Resources, so it is unclear why the bill requires approval of 
the terms of the conveyance by the Office of Administration rather than the Department.
Pursuant to financial agreements with the U.S. Department of Interior (“DOI”), any proceeds 
from the sale of the properties that were originally acquired through the use of natural resource 
damage funds must be returned to the DOI Restoration Account to be used by the DOI and the 
Department as co-trustees to fulfill the restoration objectives of the CERCLA and the ASARCO 
LLC Settlement Agreement. The Department is unable to determine the amount of any potential 
proceeds if a sale is to occur.
Additionally, there is the possibility that a proposed conveyance could face legal challenge 
because the deeds contain clauses requiring the property to remain dedicated to public use as a 
state park. Defense of such litigation would be handled by the Attorney General’s Office but a 
prevailing party could recover attorneys’ fees and costs from the Legal Expense Fund. It is not 
possible to estimate the likelihood or the amount of any such cost at this time.
DNR has made five years of $4,803 payments in lieu of taxes (PILTs) to Oregon County in 
accordance with Article IV Section 48(a) of the Missouri Constitution.
Oversight notes, upon previous inquiry, DNR stated the cost of all the properties in the 4,127 
acre park included:
Buildings for Babies (purchase price) $4,730,000
Buildings for Babies - settlement costs $18,956
Frederick Creek Ranch (purchase price) $3,273,327; and
Frederick Creek Range - settlement costs $11,748  
TOTAL $8,034,032
Oversight assumes this proposal only conveys a portion of the park in Oregon County.  
According to a circuit court decision, DNR must sell 625 acres of land along the Eleven Point 
River.  Oversight will reflect an unknown amount of sale proceeds and an offsetting fair market 
value of the 625 acres to be sold.  Oversight will show both the loss of the property and the 
proceeds of the sale to the State Parks Earnings Fund (0415) in FY 2023. L.R. No. 3512H.02P 
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Oversight also notes, upon further inquiry, DNR would be required to obtain an updated real 
estate appraisal if DNR were to sell the property; however, this proposal only authorizes DNR to 
sell the property.  Therefore, Oversight will reflect a “$0 or more than $7,000” potential cost to 
DNR for the appraisal (estimate of $7,000 based on DNR’s response to a similar proposal from 
2021 (HB 1046).
Officials from the Missouri Department of Transportation and the Office of the Governor 
each assume the proposal will have no fiscal impact on their respective organizations.
In response to a similar proposal from 2022 (HCS for HB Nos. 1972 & 2483), officials from the 
Office of Administration assumed the proposal would have no fiscal impact on their 
organization.
In response to a similar proposal from 2021 (HB 1046), officials from the Attorney General’s 
Office
Oversight notes that the above mentioned agencies have stated the proposal would not have a 
direct fiscal impact on their organization.  Oversight does not have any information to the 
contrary.  Therefore, Oversight will reflect a zero impact on the fiscal note for those agencies.
In response to a similar proposal from 2020 (HB 2535), officials from Oregon County stated 
DNR paid $4,803 in property taxes on these parcels in 2019.  Oregon County also stated DNR 
has agreed to pay property taxes on the parcels for 5 years.  Since DNR has paid four of five 
PILT installments, Oversight will assume DNR will not realize a savings (of not having to pay 
PILTs in the future if the property is no longer owned by the state) in the fiscal note.  However, 
Oregon County could see a continuation or perhaps an increase in property tax revenues 
depending upon who purchases the parcels.
Oversight notes DNR has now paid the property taxes on the parcels for five years.
Property in Pike County (HA 4) (Section 6)
In response to a similar proposal from 2022 (SB 1112), officials from the Office of 
Administration, Division of Facilities Management, Design and Construction (OA) stated 
they do not make public the appraisal values for property that may be sold or conveyed because 
public knowledge of such information may hinder the State’s ability to gain the best value for the 
property.  Additionally, since the terms of conveyances are yet to be determined, the fiscal 
impact, if any, cannot be calculated.  Therefore, the fiscal impact is $0 to unknown. L.R. No. 3512H.02P 
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Officials from the Missouri Department of Transportation and Office of the Governor 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.  
In response to a similar proposal from 2021 (HB 731), officials from the Attorney General’s 
OfficeOversight does 
not have any information to the contrary. Therefore, Oversight will reflect a zero impact in the 
fiscal note.  
Oversight notes this proposal conveys a parcel of property of land from the state to the Missouri 
Department of Transportation (MoDOT) for $1 or less (for land containing 1 8/10 acres more or 
less).  Oversight assumes the fiscal impacts of this transaction to OA and MoDOT are not 
material and therefore we will not reflect a fiscal impact from this conveyance. L.R. No. 3512H.02P 
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FISCAL IMPACT – State GovernmentFY 2023
(10 Mo.)
FY 2024FY 2025GENERAL REVENUE FUNDSale Proceeds – conveyance proceeds 
of properties (if any)
$0 or 
Unknown
$0$0Property value – loss of FMV of 
properties  (Unknown)$0$0
Savings –  for annual maintenance / 
upkeep of properties
$0 or 
Unknown
$0 or 
Unknown
$0 or 
Unknown
ESTIMATED NET EFFECT TO 
THE GENERAL REVENUE  FUNDUnknown or 
(Unknown)
$0 or 
Unknown
$0 or 
Unknown
FISCAL IMPACT – State Government 
(continued)
FY 2023
(10 Mo.)
FY 2024FY 2025STATE PARKS EARNINGS FUND 
(0145)
Sale Proceeds - sale of part of property 
contained in the Eleven Point State Park 
(HA 3)
Unknown$0$0FMV of Property sold - assumed fair 
market value of portion of Eleven Point 
State Park to be sold (HA 3)
(Unknown)$0$0
Cost - DNR -   Real Estate Appraisal 
(HA 3)
$0 or (More 
than $7,000)
$0$0 L.R. No. 3512H.02P 
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ESTIMATED NET EFFECT TO 
THE STATE PARKS EARNINGS 
FUND (0415)
More than 
($7,000) to 
Unknown
$0$0
FISCAL IMPACT – Local GovernmentFY 2023
(10 Mo.)
FY 2024FY 2025KIRKSVILLE R-III SCHOOL 
DISTRICT
Cost -  of acquiring the property from 
the state 
$0 or
(Unknown)
$0$0Property increase – acquired property’s 
value
Unknown$0$0ESTIMATED NET EFFECT TO 
KIRKSVILLE R-III SCHOOL 
DISTRICT
Unknown or 
(Unknown)
$0 $0 
FISCAL IMPACT – Local Government 
(continued)
FY 2023
(10 Mo.)
FY 2024FY 2025OREGON COUNTYIncome - potential additional income if 
private entity(s) purchase the parcels 
and continues to pay property tax (HA 
3)
$0$0 or Unknown$0 or Unknown
ESTIMATED NET EFFECT TO 
OREGON COUNTY$0
$0 or 
Unknown
$0 or 
Unknown
FISCAL IMPACT – Small Business
No direct fiscal impact to small businesses would be expected as a result of this proposal. L.R. No. 3512H.02P 
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FISCAL DESCRIPTION
This proposal authorizes the conveyance of certain state property. 
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
Attorney General’s Office
Office of Administration
Office of the Governor
Department of Public Safety – National Guard
Department of Natural Resources
Missouri Department of Transportation
Oregon County
Julie MorffRoss StropeDirectorAssistant DirectorMarch 31, 2022March 31, 2022