COMMITTEE ON LEGISLATIVE RESEARCH OVERSIGHT DIVISION FISCAL NOTE L.R. No.:3664H.04C Bill No.:HCS for HB 1758 Subject:Property, Real and Personal; State Departments; Counties; Cities, Towns, and Villages Type:Original Date:March 6, 2022Bill Summary:This proposal specifies that no more than twenty percent of land within a county may be collectively owned by the state, a county, and municipalities. 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. 3664H.04C Bill No. HCS for HB 1758 Page 2 of March 6, 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 2025Local Government$0$0$0 L.R. No. 3664H.04C Bill No. HCS for HB 1758 Page 3 of March 6, 2022 NM:LR:OD FISCAL ANALYSIS ASSUMPTION Officials from the Department of Mental Health and the Department of Public Safety’s Director’s Office each defer to the Office of Administration for the potential fiscal impact of this proposal. Officials from the Office of Administration (OA) assume this proposal would prohibit OA from purchasing or otherwise acquiring property on behalf of the State in a county where 20% or more of the total property is owned by the federal, state or local government, unless the transaction were approved by the county commission. OA-FMDC assumes that it would be the responsibility of OA-FMDC to make a determination about whether the limitation in this bill applies before acquiring property on behalf of the State. In order for OA-FMDC to make a determination about whether the limitation in this bill applies, OA-FMDC would need to acquire current GIS parcel data from the county(ies) or through a third party vendor. It would not be feasible for OA-FMDC to make this determination without parcel data as not all Missouri counties have a publicly accessible GIS database or have search features that would make it practicable to collect this information from publicly available information. OA-FMDC estimates that it would cost anywhere $2,000 to $10,000 annually to acquire up-to- date statewide parcel data from a vendor. Assuming GIS parcel data is available, OA-FMDC estimates that it would take approximately 20 hours per real estate transaction for an employee with GIS training to review the data and determine how many properties are government owned ($40 per hour x 20 hours = $800). It is assumed that OA-FMDC would purchase or acquire approximately two properties per year on behalf of the State, for a total impact of $1,600 for staff time. It is assumed that OA-FMDC can absorb this cost at this time. However, if OA does not have staff who have experience working with GIS data available to perform this work at the time a real estate transaction occurs, OA- FMDC would need to contract with a title company or other vendor to perform this analysis. The cost of such contract is unknown. Therefore, the impact of this bill is $3,600 to unknown. 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 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 L.R. No. 3664H.04C Bill No. HCS for HB 1758 Page 4 of March 6, 2022 NM:LR:OD 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. Officials from the University of Missouri System (UM) are unable to determine the percentage of real property in each county is government owned and whether or not UM’s institution is close to the 20% threshold; however, the proposed legislation could potentially negatively affect the UM’s ability to acquire real property to drive UM’s mission. Officials from the University of Central Missouri this proposal. Oversight notes this proposal allows up to a 20% cap on owning real property within a county of the third or fourth classification before requiring the county commission to adopt a resolution in support of further acquisitions. This cap does not apply to any state department or agency with constitutional authority to acquire real property. Currently, county commissions do not have this authority. Oversight assumes if this proposal were enacted and county commissions say “no”, it could impact political subdivisions attempting to acquire land for right-of-way, land for the building of new fire stations, parks, colleges and universities looking to expand, as well as, water and sewer district projects, etc. Oversight assumes County Commissions and affected agencies will come to agreements to allow necessary projects to be completed. Therefore, Oversight will reflect a $0 fiscal impact for this proposal. Officials from the Office of Administration - Administrative Hearing Commission, the Office of Administration - Budget and Planning, the Department of Commerce and Insurance, the Department of Economic DevelopmentDepartment of Elementary and Secondary Education, the Department of Higher Education and Workforce Development, the Department of Health and Senior Services, the Department of Natural Resources, the Department of Corrections, the Department of Labor and Industrial Relations, the Department of Revenue, the Department of Public Safety’s Division of Alcohol and Tobacco Control, Capitol Police, Fire Safety, Missouri Gaming Commission, Missouri National Guard, Missouri Highway PatrolMissouri Veterans Commission and State Emergency Management Agency, the Department of Social Services, the Missouri Department of AgricultureMissouri Department of Conservation, the Missouri Ethics Commission, the Missouri Department of Transportation, the MoDOT & Patrol Employees’ Retirement System, the Petroleum Storage Tank Insurance FundOffice of the State Public DefenderOffice of the Governor, the Office of the State Auditor, the Office of the State Treasurer, the Missouri House of Representatives, the Joint Committee on Administrative Rules, the Joint Committee on Education, the Joint Committee on Public Employee Retirement, the Legislative Research, the Oversight Division, the Missouri Senate, the Missouri Lottery, the Missouri Consolidated Health Care Plan, the Missouri L.R. No. 3664H.04C Bill No. HCS for HB 1758 Page 5 of March 6, 2022 NM:LR:OD Higher Education Loan Authority, the Missouri Office of Prosecution Services, the Missouri State Employee's Retirement System, the Office of the State Courts Administrator and the 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 previous version, officials from the Attorney General’s Office 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. Officials from the City of Kansas City, the City of O’Fallon, the City of Springfield, the Phelps County Sheriff Department, the Kansas City Police DepartmentSt. Joseph Police Department, the St. Louis County Police Department, the Little Blue Valley Sewer District, the Metropolitan St. Louis Sewer District, the South River Drainage District, the Wayne County PWSD #2 and the St. Charles Community College 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 previous version, officials from the City of Claycomo, the City of Freistatt, the City of HughesvilleCity of St. Louis, Boone County, the Springfield Police Department, the Cole Camp Ambulance District, the Nodaway County Ambulance DistrictCity of Freistatt Utilities, the Hughesville Water/Wastewater District, the Vernon County PWSD #7, the Hermann Area Hospital District, Missouri State UniversityHancock Street Light District 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. FISCAL IMPACT – State GovernmentFY 2023 (10 Mo.) FY 2024FY 2025$0$0$0FISCAL IMPACT – Local GovernmentFY 2023 (10 Mo.) FY 2024FY 2025$0$0$0 FISCAL IMPACT – Small Business No direct fiscal impact to small businesses would be expected as a result of this proposal. L.R. No. 3664H.04C Bill No. HCS for HB 1758 Page 6 of March 6, 2022 NM:LR:OD FISCAL DESCRIPTION The proposed legislation appears to have no direct fiscal impact. 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 Office of Administration – Facilities Management, Design and Construction University of Missouri System Metropolitan St. Louis Sewer District University of Central Missouri Attorney General’s Office Office of Administration Department of Commerce and Insurance Department of Economic Development Department of Elementary and Secondary Education Department of Higher Education and Workforce Development Department of Health and Senior Services Department of Mental Health Department of Natural Resources Department of Corrections Department of Labor and Industrial Relations Department of Revenue Department of Public Safety Department of Social Services Missouri Department of Agriculture Missouri Department of Conservation Missouri Ethics Commission Missouri Department of Transportation MoDOT & Patrol Employees’ Retirement System Petroleum Storage Tank Insurance Fund Office of the Secretary of State Office of the State Public Defender Office of the Governor Office of the State Auditor Office of the State Treasurer Missouri House of Representatives Joint Committee on Administrative Rules Joint Committee on Education Joint Committee on Public Employee Retirement Legislative Research L.R. No. 3664H.04C Bill No. HCS for HB 1758 Page 7 of March 6, 2022 NM:LR:OD Oversight Division Missouri Senate Missouri Lottery Missouri Consolidated Health Care Plan Missouri Higher Education Loan Authority Missouri Office of Prosecution Services Missouri State Employee's Retirement System Office of the State Courts Administrator State Tax Commission City of Claycomo City of Freistatt City of Hughesville City of Kansas City City of O’Fallon City of Springfield City of St. Louis Boone County Phelps County Sheriff Kansas City Police Department Springfield Police Department St. Joseph Police Department Hughesville Water/Wastewater District Little Blue Valley Sewer District Metropolitan St. Louis Sewer District South River Drainage District Vernon County PWSD #7 Wayne County PWSD #2 Hermann Area Hospital District Missouri State University St. Charles Community College Hancock Street Light District Julie MorffRoss StropeDirectorAssistant DirectorMarch 6, 2022March 6, 2022