COMMITTEE ON LEGISLATIVE RESEARCH OVERSIGHT DIVISION FISCAL NOTE L.R. No.:4173H.01I Bill No.:HB 2190 Subject:Insurance - General; Education, Elementary and Secondary Type:Original Date:February 11, 2022Bill Summary:This proposal creates provisions relating to liability claims in educational settings. 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. 4173H.01I Bill No. HB 2190 Page 2 of February 11, 2022 JLH: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 or (Unknown)$0 or (Unknown)$0 or (Unknown) L.R. No. 4173H.01I Bill No. HB 2190 Page 3 of February 11, 2022 JLH:LR:OD FISCAL ANALYSIS ASSUMPTION Officials from the Attorney General’s Office, Department of Commerce and Insurance, Department of Elementary and Secondary Education and the Department of Labor and Industrial Relations 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. Officials from the Blue Springs School District state they have coverage for these possible liabilities through MOPERM. They have never had this type of liability claim and don’t see any fiscal impact from this proposal on their district. However, if a student uses their own vehicle and has an accident, it would not likely be a district liability (currently). This language would turn it into one. Oversight notes MOPERM is the Missouri Public Entity Risk Management Fund. MOPERM is a statewide public entity risk management fund which was created by the Missouri General Assembly in 1986. (§§537-700 - 537.756, RSMo.) MOPERM offers government entities in the state established pursuant to state law (including municipalities, counties, school districts and the various special districts) the option of participating in and making annual contributions to a self- insurance pool providing liability and property protection up to the statutory maximum of $2,000,000. In 2018, MOPERM had approximately 950 members. The participating entities pay a premium and receive MOPERM’s claims service, legal defense, and risk management services as needed. Oversight requested additional input from the Department of Labor and Industrial Relations and MOPERM; however, Oversight had not received the responses at the time the fiscal note was prepared. Oversight is ultimately uncertain how this proposal may impact school districts’ exposure to liability, but assumes this proposal includes work-based learning programs in the definition of school-sponsored activity including travel to and from the work-based learning program. For purposes of this fiscal note, Oversight will show a range of impact from $0 (no additional liability) to an unknown cost to school districts for increased liability or liability insurance. Oversight received a limited number of responses from school districts related to the fiscal impact of this proposal. Oversight has presented this fiscal note on the best current information available. Upon the receipt of additional responses, Oversight will review to determine if an updated fiscal note should be prepared and seek the necessary approval to publish a new fiscal note. L.R. No. 4173H.01I Bill No. HB 2190 Page 4 of February 11, 2022 JLH:LR:OD Oversight only reflects the responses received from state agencies and political subdivisions; however, other school districts were requested to respond to this proposed legislation but did not. A general listing of political subdivisions included in Oversight’s database is available upon request. FISCAL IMPACT – State GovernmentFY 2023 (10 Mo.) FY 2024FY 2025$0$0$0FISCAL IMPACT – Local GovernmentFY 2023 (10 Mo.) FY 2024FY 2025SCHOOL DISTRICTSCosts - for increased exposure to liability or insurance costs - §162.012 $0 or (Unknown) $0 or (Unknown) $0 or (Unknown) ESTIMATED NET EFFECT ON SCHOOL DISTRICTS $0 or (Unknown) $0 or (Unknown) $0 or (Unknown) FISCAL IMPACT – Small Business Oversight assumes this proposal could have a positive effect on small businesses if it reduces their liability exposure. FISCAL DESCRIPTION The bill allows school boards of any school district to purchase insurance contracts to insure against loss, damages, or expenses for a claim arising out of the sickness, bodily injury, or death by accident of any student injured on school premises or during school-sponsored activities; as well as insurance for the benefit of students to insure against losses resulting from loss of, theft of, or damage to personal property of students. This legislation is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space. L.R. No. 4173H.01I Bill No. HB 2190 Page 5 of February 11, 2022 JLH:LR:OD SOURCES OF INFORMATION Attorney General’s Office Department of Commerce and Insurance Department of Elementary and Secondary Education Department of Labor and Industrial Relations Blue Springs School District Julie MorffRoss StropeDirectorAssistant DirectorFebruary 11, 2022February 11, 2022