COMMITTEE ON LEGISLATIVE RESEARCH OVERSIGHT DIVISION FISCAL NOTE L.R. No.:4412H.01I Bill No.:HB 1986 Subject:Law Enforcement Officers and Agencies; Kansas City Type:Original Date:January 18, 2022Bill Summary:This proposal modifies provisions relating to funding for the Kansas City Police Department. 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. 4412H.01I Bill No. HB 1986 Page 2 of January 18, 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 *Revenue and Cost allocations of appropriations net to zero. L.R. No. 4412H.01I Bill No. HB 1986 Page 3 of January 18, 2022 NM:LR:OD FISCAL ANALYSIS ASSUMPTION Officials from the City of Kansas City did not respond to Oversight’s request for fiscal impact. Officials from the Kansas City Police Department (KCPD) state in §84.730 it shall be the duty of the board, on the fifteenth day of January of each year, to prepare, in writing, a budget estimating the sum of money which will be necessary for the next fiscal year, to enable the board to discharge the duties hereby imposed upon it, and to meet the expenses of the police department, which it shall forthwith certify to the governing body of such city, and the budget shall itemize purposes of expenditure by organization units, activities, functions, and character classes in not less detail than "personal services", "contractual services", "commodities", and "capital outlays", and shall in any event be prepared in form and detail similar to the form and detail in which budgets for the various departments of such city government are prepared. The governing body of the city is hereby required to appropriate the total amount so certified, payable out of the revenue of the city after first having deducted the amount necessary to pay the interest on the indebtedness of the city, the amount necessary for lighting the city, and any sum required by law to be placed to the credit of the sinking fund of the city, and if the board shall be required to call out extra police force and the expense thereof shall not have been contemplated in their estimate for the fiscal year during which the extra police force is called out, it shall immediately certify the expense of such additional force, and the additional amount so required shall be appropriated for that purpose, except that in no event shall the governing body of the city be required to appropriate for the use of the police board in any fiscal year an amount in excess of one-fifth of the general revenue fund of such year. Based on information provided to Kansas City, Missouri Police Department by the Kansas City, Missouri Finance Department, FY 2021-22 revenues, all sources, are $1,763,471,697. The City excludes over $1 Billion of total revenues when applying the current one-fifth statutory limitation in 84.730, making it appear that the City is funding the KCPD at a higher percentage. The change proposed in this legislation would require the percentage limitation to be applied to all City revenue sources, not just the revenue sources the City identifies as GR. This statutory change is consistent with Spink V Kemp, 365 Mo. 368, 283 S.W. 2d 502 which determined that all City revenue sources had to be used in applying the percentage limitation. According to KCPD’s Appropriated Budget for 2021-22, $256,773,275 is appropriated for FY 2022. Oversight assumes this appropriated budget reflects the current 20% statutory limitation for the KCPD. This proposal also includes funding that is devoted to special purposes or allocated into special funds which shall also be a part of the one-fifth unless enacted by a charter provision or ordinance. Oversight assumes there could be an increase in funds to the KCPD but is unclear on the amount of the increase that could be devoted to special purposes or allocated L.R. No. 4412H.01I Bill No. HB 1986 Page 4 of January 18, 2022 NM:LR:OD into special funds. Therefore Oversight will reflect a $0 to unknown cost to the City of Kansas City to allocate additional appropriations to the KCPD and a $0 to unknown revenue to the KCPD for the potential increase in appropriation funding which will net to $0 for this proposal. Oversight assumes this proposal will not fiscally impact the state government. Officials from the Department of Revenue assume 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 that agency. FISCAL IMPACT – State GovernmentFY 2023FY 2024FY 2025$0$0$0FISCAL IMPACT – Local GovernmentFY 2023FY 2024FY 2025LOCAL POLITICAL SUBDIVISIONS Cost - City of Kansas City – potential increase in appropriation funding to the police department $0 to (Unknown) $0 to (Unknown) $0 to (Unknown) Revenue – Kansas City Police Department - potential increase in appropriation funding from the City$0 to Unknown$0 to Unknown$0 to Unknown ESTIMATED NET EFFECT ON LOCAL POLITICAL SUBDIVISIONS $0$0 $0 FISCAL IMPACT – Small Business No direct fiscal impact to small businesses would be expected as a result of this proposal. FISCAL DESCRIPTION This bill clarifies that, for the purpose of cities calculating one-fifth of general revenue that must be allocated to funding a police department, general revenue of the cities that is devoted to special purposes or allocated to special funds by the cities' charter and ordinances must be included in the calculation, subject to exceptions in the bill. L.R. No. 4412H.01I Bill No. HB 1986 Page 5 of January 18, 2022 NM:LR:OD This bill contains an emergency clause. 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 Kansas City Police Department Department of Revenue Julie MorffRoss StropeDirectorAssistant DirectorJanuary 18, 2022January 18, 2022