COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:3295H.02I Bill No.:HB 1747 Subject:Education, Elementary and Secondary; Elections Type:Original Date:January 7, 2022Bill Summary:This proposal changes provisions relating to school boards.
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2023FY 2024FY 2025Total Estimated Net
Effect on General
Revenue $0$0$0
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. 3295H.02I
Bill No. HB 1747
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January 7, 2022
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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 or (Unknown)$0 or (Unknown)$0 or (Unknown) L.R. No. 3295H.02I
Bill No. HB 1747
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January 7, 2022
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FISCAL ANALYSIS
ASSUMPTION
Officials from Department of Elementary and Secondary Education, Missouri Highway
Patrol, Office of the Secretary of State, Office of the State Public Defender, Missouri Office
of Prosecution Services, and Office of the State Courts Administrator 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 those agencies.
In response to a similar legislation, HCS for HB 229 from 2021, officials from the Kansas City
Election Board assumed the cost to conduct a recall election could range from $20,000 to
$300,000 depending on the size of the entity calling the election. The cost to conduct an election
in the Kansas City portion of Jackson County is roughly $625,000. If an entity such as the KCPS
were required to conduct an election and no one else participated, based on their size and voter
registration, their costs could potentially be around $300,000. If a smaller jurisdiction such as
Hickman Mills, Center or Raytown School Districts had the same election, based on their size
and voter registration, their costs would be much cheaper ($20,000).
Officials from the Platte County Board of Elections assume potential costs for a recall election
could be up to $40,000.
Officials from the St. Louis City Board of Elections assume the proposal creates provisions for
recall of school board member by a) circulation of a petition and certification of signatures by
election authority and b) (if enough signatures) conducting election on question. Staff resources
would be expended for certification of the petition. The cost of a city wide election is over
$300,000, the cost of which would be paid by the school district.
Officials from the St. Louis County Board of Elections and Jackson County Board of
Elections both assume the proposal will have no fiscal impact on their organization.
Oversight notes that according to Section 162.089.5 (1) the election authority has three options
in which the question to recall a school board member can be submitted to the voters of that
district. Those options are at the next general election, at a special election to be called on the
first Tuesday after the first Monday in November of odd-numbered years if the date is no fewer
than ninety calendar days after the date of notification, and the next general municipal election in
which there is a vote for school board member, if that date is no fewer than ninety calendar days
after the date of notification. L.R. No. 3295H.02I
Bill No. HB 1747
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January 7, 2022
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The cost to local election authorities varies greatly depending on which election the question to
recall a school board member would be submitted to voters and which jurisdiction would require
the election. Oversight has no way to determine how many recall elections would be held (if
any), which election the recall question would be submitted to voters, or what jurisdictions
would require the election. Therefore, Oversight will reflect a potential negative unknown cost to
local election authorities on the fiscal note.
Oversight notes that according to Section 162.091 any person aggrieved by the willful neglect or
refusal of a public official to perform any duty imposed upon such public official by chapters
160 to 168 or chapter 170, 171, 177, or 178 shall have a civil claim for damages against such
public official for: (1) Injunctive relief; (2) Compensatory damages; (3) Punitive damages;
(4) Costs of litigation including, but not limited to, expert witness fees; and (5) Reasonable
attorney's fees for the prosecution of the action. Therefore, Oversight will reflect a potential
negative unknown cost to local political subdivisions on the fiscal note.
FISCAL IMPACT – State GovernmentFY 2023
(10 Mo.)
FY 2024FY 2025$0$0$0FISCAL IMPACT – Local GovernmentFY 2023
(10 Mo.)
FY 2024FY 2025LOCAL POLITICAL
SUBDIVISIONS
Cost – Section 162.091 – civil claim for
damages (if any)
$0 or
(Unknown)
$0 or
(Unknown)
$0 or
(Unknown)
Cost – Section 162.089 - Local Election
Authorities – administering school
member recall election (if any)
$0 or
(Unknown)
$0 or
(Unknown)
$0 or
(Unknown)
ESTIMATED NET EFFECT ON
LOCAL POLITICAL
SUBDIVISIONS
$0 or
(Unknown)
$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. 3295H.02I
Bill No. HB 1747
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FISCAL DESCRIPTION
This bill establishes a recall procedure for school board members.
Members may not be recalled during the first 90 days or the last 180 days of their term. The
recall petition requirements are outlined in the bill, as are grounds for which a recall may be
called which include but are not limited to: conduct that adversely affects the rights and interests
of the public; commission of an act of malfeasance; and moral turpitude.
The bill specifies the rights and steps available to the Board member who is the subject of recall
(Section 162.089, RSMo). This bill requires "public officials" including any school board
member, officer, or employee to perform duties specified in Chapters 160 to 168, 170, 171, 177,
or 178 or if there is willful neglect or refusal there will be a civil claim for damages (Section
162.091).
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
Department of Elementary and Secondary Education
Missouri Highway Patrol
Office of the Secretary of State
Office of the State Public Defender
Missouri Office of Prosecution Services
Office of the State Courts Administrator
Kansas City Election Board
Jackson County Board of Elections
Platte County Board of Elections
St. Louis City Board of Elections
St. Louis County Board of Elections
Julie MorffRoss StropeDirectorAssistant DirectorJanuary 7, 2022January 7, 2022