Missouri 2022 2022 Regular Session

Missouri House Bill HB2168 Introduced / Fiscal Note

Filed 06/03/2022

                    COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:4926H.06T Bill No.:Truly Agreed To and Finally Passed CCS for SS for SCS for HCS for HB 2168  Subject:Insurance - General; Insurance - Automobile; Environmental Protection; Motor 
Vehicles 
Type:Original  Date:June 3, 2022Bill Summary:This proposal modifies provisions relating to insurance. 
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND 
AFFECTED
FY 2023FY 2024FY 2025Fully 
Implemented 
(FY 2030)
General 
Revenue*
($142,922)($14,292)($14,292)($14,292)Total 
Estimated Net 
Effect on 
General 
Revenue($142,922)($14,292)($14,292)($14,292)
*FY 2023 fiscal impact to General Revenue is the estimated DOR-ITSD cost for building and 
implementing a system. Oversight assumes an implementation date of January 1, 2024 for the 
new system; therefore Oversight has reflected potential additional DOR impacts starting in FY 
2024. 
Numbers within parentheses: () indicate costs or losses. L.R. No. 4926H.06T 
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ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND 
AFFECTED
FY 2023FY 2024FY 2025Fully 
Implemented
 (FY 2030)
Petroleum 
Storage Tank 
Insurance 
Fund**
$0$0$0($2,237,802)Unemployment 
Automation Fund
$4,402,670 or Up 
to $5,000,000
$4,402,670 or Up 
to $5,000,000
$4,402,670 or Up 
to $5,000,000
$4,402,670 or Up 
to $5,000,000
Total Estimated 
Net Effect on 
Other State 
Funds
$4,402,670 or 
Up to 
$5,000,000
$4,402,670 or 
Up to 
$5,000,000
$4,402,670 or 
Up to 
$5,000,000
$2,164,868 or 
Up to 
$2,762,198
**Oversight notes the petroleum storage tank insurance fund is currently set to expire on 
December 31, 2025.  This proposal extends that date to December 31, 2030.  Oversight reflects 
this extension as a continuation/renewal of existing income and related expenses.  The 
Department of Natural Resources estimates an annual net fiscal impact of approximately of 
negative $2.2 million to the fund beyond FY 2025 (annual collections into the fund of 
approximately $16.6 million and annual expenses from the fund of $18.8 million
ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND AFFECTEDFY 2023FY 2024FY 2025Fully 
Implemented (FY 
2030)
Unemployment Trust 
Fund
($4,402,670) or 
Up to 
($5,000,000)
($4,402,670) or 
Up to 
($5,000,000)
($4,402,670) or 
Up to 
($5,000,000)
($4,402,670) or 
Up to 
($5,000,000)
Unemployment 
Compensation 
Administration Fund
$0 or Up to 
($91,109)
$0$0$0Total Estimated Net 
Effect on All Federal 
Funds
($4,402,670) or 
Up to 
($5,091,109)
($4,402,670) or 
Up to 
($5,000,000)
($4,402,670) or 
Up to 
($5,000,000)
($4,402,670) or 
Up to 
($5,000,000) L.R. No. 4926H.06T 
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ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND AFFECTEDFY 2023FY 2024FY 2025Fully 
Implemented (FY 
2030)
Total Estimated Net 
Effect on FTE0 FTE0 FTE0 FTE0 FTE
☒ 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 
AFFECTED
FY 2023FY 2024FY 2025Fully 
Implemented 
(FY 2030)
Local 
Government$0$0$0$0
FISCAL ANALYSIS
ASSUMPTION L.R. No. 4926H.06T 
Bill No. Truly Agreed To and Finally Passed CCS for SS for SCS for HCS for HB 2168  
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SEQ CHAPTER \h  1§ 288.132 & 288.133 – Unemployment Automation Fund
Officials from the Department of Labor and Industrial Relations (DOLIR) state section 
288.133 would require each employer that is liable for contributions to pay an annual 
unemployment automation adjustment of two one-hundredths of one percent of the employer’s 
total taxable wages for the twelve-month period ending the preceding June thirtieth. The total 
adjustment due from all employers is not to exceed five million dollars.
In addition, for the first calendar quarter of each year, the total amount of tax contributions 
otherwise due for each employer liable for contributions shall be reduced by the dollar amount of 
the automation adjustment.
Taxable wage for period ending June 30, 2021: $ 22,013,351,744 X 0.02% = $4,402,670.
The Department anticipates being able to absorb the implementation costs, including ITSD costs 
through a current UI maintenance agreement and existing funds. However, until the FY 2023 
budget is final, the Department cannot identify specific funding sources.
Oversight notes for this bill, ITSD assumes they will contract out the programming changes 
needed to update automation adjustment percentage, contribution rate of employers, and 
to create tables for the unemployment automation fund.  ITSD estimates the project would take 
820.8 hours at a contract rate of $111 per hour for a total cost to the state of $91,109.  
Oversight notes that DOLIR has an existing maintenance contract that is paid by the 
Unemployment Compensation Administration Fund, supplemented by the Unemployment 
Automation Fund as funds are available. Additionally, DOLIR selects its ongoing consultancy 
rate dependent on difficulty of the programing and has a choice to employ in-house ITSD at $95 
per hour, or outside IT consultants at $111 per hour. Therefore, Oversight will reflect a one-time 
IT consultant cost of $0 up to ($91,109) in the fiscal note for FY 2023. 
In response to a similar proposal from 2022 (HB 2290), officials from the University of Central 
Missouri assumed the proposal would have indeterminate fiscal impact on their organization. 
Oversight notes subsection 288.133.4 states that there shall be an offsetting reduction due from 
each employer liable to pay contributions under chapter 288. Therefore, Oversight will assume 
the proposal will net to zero fiscal impact to employers, including colleges, universities, and 
local political subdivisions.
In response to a similar proposal, SB 876 (2022), officials from Missouri State University 
stated the proposal would not have a direct fiscal impact on their organization.
§§303.025 & 303.041 – Inoperable Motor Vehicles L.R. No. 4926H.06T 
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Officials from the Department of Revenue (DOR) assumed the following regarding this 
proposal:
Administrative Impact – Driver License Bureau (DLB)
The proposal allows the Department to suspend registration of a vehicle if it has reason to 
believe a vehicle is uninsured. Currently, the Department enforces compliance with the insurance 
law in the following ways:
• If an owner fails to show proof of insurance at the time of registration, registration or renewal 
of registration is denied;
• A no insurance conviction assesses four points to a driver or owners driving record; and
• If an insured driver and owner are involved in an accident and it is reported to the Department 
pursuant to §303.040, the driver’s operating privilege and the owner’s vehicle registration is 
suspended.
The court also has the ability to enter an order suspending the driving privilege, pursuant to 
§303.025.3. In CY 2021, the Department received 4 court-ordered suspensions. The Department 
does not have available data to determine an estimated volume of increase, but assumes it will be 
minimal enough to be absorbed by current FTEs. If the increase is more significant than 
anticipated or additional laws are passed that impact the staff who process these court orders, 
additional FTEs may be requested through the appropriations process.
To implement the proposed legislation, the Department will be required to:
• Create forms
• Update Department’s website
• Draft Internal and External procedures
• Draft Administrative Rules
FY 2024 –Driver License Bureau (DLB)
Associate Research/Data Analyst 160 hrs. @ $19.47 per hr. = $ 3,115
Research/Data Analyst 160 hrs. @ $24.29 per hr. = $ 3,886
Administrative Manager 60 hrs. @ $26.37 per hr. = $ 1,583
Total $8,584
Administrative Impact – Motor Vehicle Bureau (MVB)
To incorporate the necessary changes to account for voluntary registration suspension by motor 
vehicle owner and requests to reinstate said registration, the Department will be required to: L.R. No. 4926H.06T 
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• Incorporate the necessary changes of various Department systems;
• Update procedures, manuals, correspondence letters, and the Department website; and
• Train staff.
FY 2024 – Motor Vehicle Bureau
Associate Research/Data Analyst 134 hrs. @ $18.87 per hr. = $2,529
Research/Data Analyst 34 hrs. @ $23.55 per hr. = $ 801
Administrative Manager 17 hrs. @ $25.56 per hr. = $ 435
Total $3,765
FY 2024 – Strategy and Communications Office
Associate Research/Data Analyst 30 hrs. @ $18.87 per hr. = $ 566
Research/Data Analyst 30 hrs. @ $23.55 per hr. = $ 707
Total $1,273
Grand Total Cost $5,038
The Department anticipated being able to absorb the above costs. If multiple bills are passed that 
require Department resources, the Department will request funding/FTE through the 
appropriations process.
Oversight assumes DOR will use existing staff and will not hire additional FTE to conduct these 
activities; therefore, Oversight will not reflect the administrative costs DOR has indicated on the 
fiscal note.
DOR noted OA-ITSD services will be required at a cost of $142,922 in FY 2023 (1,504.44 
hours x $95 per hour) and $14,292in FY 2024 and FY 2025 (150.44 hours x $95 per hour).
Oversight does not have any information to the contrary in regards to DOR’s assumptions; 
therefore, Oversight will reflect DOR’s OA-ITSD costs on the fiscal note.
SEQ CHAPTER \h  1
§319.129 – Petroleum Storage Tank Insurance Fund
In response to a previous version, officials from the Petroleum Storage Tank Insurance Fund 
(PSTIF) assumed the following regarding this proposal:
Section 319.129.16 would extend all PSTIF Board of Trustees' operations until 12/31/2030. 
Under current law, the Board's operations will be reduced on 1/1/2026, thereafter no longer 
accepting new claims. Revenue will cease and the cash balance in the Fund will be used for 
paying costs for claims previously filed, including the administrative costs necessary during the 
"wind down" period until all claims are closed or moneys are depleted. Actuarial analysis  L.R. No. 4926H.06T 
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indicates the cash balance on 12/31/2025 will not be sufficient to meet long-term liabilities for 
claims already filed, plus those expected to be filed before the sunset date. The estimated 
shortfall is approximately $45 million. This issue is exasperated by the anticipated increase in 
claims as the sunset date nears and tank and property owners rush to test for impact of previously 
unreported pollution and file claims before the cut-off.
If this bill passes, the rush to file end-of-program claims will be spread out over more years, 
lessening the impact as revenues are still being collected. Additionally, in an effort to have 
adequate revenue to meet long-term liabilities, the PSTIF Board of Trustees is currently 
considering an increase in the transport load fee, the primary source of revenue for the Fund. The 
five additional years of collection this bill provides would allow for a smaller increase in the fee.
PSTIF's 2021 "Breakeven Analysis" estimates that revenues and expenses from 1/1/2026 through 
12/31/2030 (the period of the proposed extension) with no increase in the transport load fee 
would be consistent with current PSTIF budget plus/minus typical fluctuations due to economic 
factors and claims projections as follows:
FY 2026: Total Est. Revenue $16,846,213; Total Est. Expenses $18,253,921
FY 2027: Total Est. Revenue $16,791,007; Total Est. Expenses $18,478,701
FY 2028: Total Est. Revenue $16,735,401; Total Est. Expenses $18,375,900
FY 2029: Total Est. Revenue $16,679,367; Total Est. Expenses $18,613,508
FY 2030: Total Est. Revenue $16,622,888; Total Est. Expenses $18,860,690
FY 2031(1/2): Total Est. Revenue $7,675,000; Total Est. Expenses $12,859,926
Oversight does not have information to the contrary and therefore, Oversight will reflect an 
extension of revenue and related expenses as provided by the PSTIF.
Oversight notes there was a balance of $43,217,520 in the Petroleum Storage Tank Insurance 
Fund (0585) as of May 31, 2022.  The fund had receipts of $17.5 million in FY 2021.
§375.159 – Travel Insurance
Officials from the Department of Commerce and Insurance believe the costs of this section 
can be absorbed within current appropriations. However, should the cost be more than 
anticipated, the department would request an increase to FTE and/or appropriations as 
appropriate through the budget process. 
Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero 
impact in the fiscal note for this section. 
Bill as a whole:
Officials from the Office of Administration, the Department of Mental Health, the 
Department of Natural Resources, the Department of Public Safety - Missouri Highway  L.R. No. 4926H.06T 
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Patrol, the Department of Social Services, the Missouri Department of Conservation, the 
Office of the State Treasurer, the Office of the State Courts Administrator, the Missouri 
Office of Prosecution Services, the City of Claycomo and Kansas City 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.  
SEQ CHAPTER \h  1Officials from the Department of Health and Senior Services and the 
Department of Corrections defer to the Office of Administration for the potential fiscal impact 
of this proposal. 
SEQ CHAPTER \h  1SEQ CHAPTER \h  1Rule Promulgation
Officials from the Joint Committee on Administrative Rules assume this proposal is not 
anticipated to cause a fiscal impact beyond its current appropriation. 
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 
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. L.R. No. 4926H.06T 
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FISCAL IMPACT – State 
Government
FY 2023
(10 Mo.)
FY 2024FY 2025Fully 
Implemented 
(FY 2030)
GENERAL REVENUE Cost – DOR – OA-ITSD 
services (⸹303.025) p. 5-6
($142,922)($14,292)($14,292)($14,292)ESTIMATED NET 
EFFECT ON THE 
GENERAL REVENUE 
FUND
($142,922)($14,292)($14,292)($14,292)
PETROLEUM 
STORAGE TANK 
INSURANCE FUND 
(0585)
Revenue - PSTIF Board of 
Trustees -  Extension of 
transport load fee from 
12/31/2025 to 12/31/30 
(§319.129.16) p. 6-7
$0$0$0$16,622,888Expenses - PSTIF Board of 
Trustees -  Extension of 
program from 2025 to 2030 
(§319.129.16) p. 6-7
$0$0$0($18,860,690)ESTIMATED NET 
EFFECT ON THE 
PETROLEUM 
STORAGE TANK 
INSURANCE FUND
$0$0$0($2,237,802)UNEMPLOYMENT 
AUTOMATION FUND 
(0953) L.R. No. 4926H.06T 
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Transfer In – DOLIR from 
the federal Unemployment 
Trust Fund (§288.133) p. 4
$4,402,670 or 
Up to 
$5,000,000
$4,402,670 or 
Up to 
$5,000,000
$4,402,670 or 
Up to 
$5,000,000
$4,402,670 or 
Up to 
$5,000,000
ESTIMATED NET 
EFFECT ON THE 
UNEMPLOYMENT 
AUTOMATION FUND
$4,402,670 or 
Up to 
$5,000,000
$4,402,670 or 
Up to 
$5,000,000
$4,402,670 or 
Up to 
$5,000,000
$4,402,670 or 
Up to 
$5,000,000
UNEMPLOYMENT 
TRUST FUND (0122)
Transfer Out – DOLIR to 
the state Unemployment 
Automation Fund 
(§288.133) p. 4
($4,402,670) 
or Up to 
($5,000,000)
($4,402,670) or 
Up to 
($5,000,000)
($4,402,670) or 
Up to 
($5,000,000)
($4,402,670) or 
Up to 
($5,000,000)
ESTIMATED NET 
EFFECT ON THE 
UNEMPLOYMENT 
TRUST FUND
($4,402,670) 
or Up to 
($5,000,000)
($4,402,670) or 
Up to 
($5,000,000)
($4,402,670) or 
Up to 
($5,000,000)
($4,402,670) or 
Up to 
($5,000,000)
UNEMPLOYMENT 
COMPENSATION 
ADMINISTRATION 
FUND (0948)
Cost – DOLIR – IT services 
(§288.133) p. 4
$0 or Up to 
$91,109)
$0$0$0ESTIMATED NET 
EFFECT ON THE 
UNEMPLOYMENT 
COMPENSATION 
ADMINISTRATION 
FUND
$0 or Up to 
$91,109)
$0$0$0 L.R. No. 4926H.06T 
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FISCAL IMPACT 
– Local 
Government
FY 2023
(10 Mo.)
FY 2024FY 2025Fully 
Implemented 
(FY 2030)
$0$0$0$0
FISCAL IMPACT – Small Business
Certain small businesses may be impacted by this proposal.
FISCAL DESCRIPTION
This proposal enacts provisions relating to insurance. 
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 Natural Resources
Petroleum Storage Tank Insurance Fund
Department of Revenue
Missouri Department of Transportation
Department of Commerce and Insurance
Office of the State Treasurer
Missouri Highway Patrol
Missouri State Treasurer’s Office
Office of the State Public Defender
Office of the State Courts Administrator
Department of Corrections
Missouri Office of Prosecution Services
Department of Labor and Industrial Relations
Office of Administration
Missouri Department of Conservation
University of Central Missouri
Julie MorffRoss StropeDirectorAssistant DirectorJune 3, 2022June 3, 2022