Missouri 2022 2022 Regular Session

Missouri House Bill HB2631 Introduced / Fiscal Note

Filed 02/25/2022

                    COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:5261H.01I Bill No.:HB 2631  Subject:Health, Public; Business and Commerce; Public Officers Type:Original  Date:February 25, 2022Bill Summary:This proposal creates provisions relating to the unauthorized closure of 
businesses based on public health concerns. 
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2023FY 2024FY 2025General Revenue*$0 or Unknown$0 or Unknown$0 or UnknownTotal Estimated Net 
Effect on General 
Revenue$0 or Unknown$0 or Unknown$0 or Unknown
*Oversight assumes the unknown cost savings from this proposal is not expected to reach the 
$250,000 threshold.
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. 5261H.01I 
Bill No. HB 2631  
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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. 5261H.01I 
Bill No. HB 2631  
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FISCAL ANALYSIS
ASSUMPTION
Officials from the Office of the Governor (GOV) assume §191.247 prohibits an elected official 
from ordering the closure of a private business for a reason not authorized under existing state 
laws or guidelines.  If an elected official does order the closure of a private business in order to 
prevent or limit the spread of a contagious disease during a pandemic or address any other public 
health concern, that official’s pay shall be suspended for the length of the business's closure.
If any Governor orders the closure of private businesses in this state in violation of this 
provision, this provision would suspend that Governor’s pay for the duration of the closure.  
Dependent upon the Governor’s salary at the time of closure and the duration, this would result 
in an unknown savings to the GOV.
Officials from the Missouri House of Representatives (MHR) assume a possible unknown 
impact that could be a cost savings. The MHR has no way of knowing if any of their members 
would make an unauthorized closure of a business, so the MHR has no way to estimate the 
impact of this legislation.
Oversight does not have information to the contrary and therefore, Oversight will reflect the 
estimates as provided by the GO and MHR.
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.
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. L.R. No. 5261H.01I 
Bill No. HB 2631  
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Officials from the Office of the State Courts Administrator, the Department of Health and 
Senior Services, the Office of the State AuditorMissouri Senate, the Office of the State 
Treasurer, the City of Kansas City, the City of O’Fallon, the City of Springfield, the Phelps 
County Sheriff’s Office, the Little Blue Valley Sewer District, the Metropolitan St. Louis 
Sewer District, the Morgan County PWSD #2, the South River Drainage District, the St. 
Charles County PWSD #2 and the Wayne County PWSD #2 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.  
Oversight only reflects the responses received from state agencies and political subdivisions; 
however, other cities, counties, sheriff offices, fire protection districts, ambulance districts, 
schools and utility entities were requested to respond to this proposed legislation but did not. A 
listing of political subdivisions included in the Missouri Legislative Information System 
(MOLIS) database is available upon request.
Oversight notes the proposal also states that elected officials in political subdivisions could also 
order the unauthorized closure of a private business due to public health concerns. Oversight is 
unclear on the number of these officials who would make an unauthorized closure of a business. 
Therefore, Oversight will also reflect a $0 or unknown cost savings to local political subdivisions 
for this proposal.
FISCAL IMPACT – State GovernmentFY 2023
(10 Mo.)
FY 2024FY 2025GENERAL REVENUECost Savings – Elected officials – on 
salaries paid to elected officials for the 
unauthorized closure of a private 
business due to public health concerns
$0 or 
Unknown
$0 or 
Unknown
$0 or
 Unknown
ESTIMATED NET EFFECT ON 
GENERAL REVENUE
$0 or 
Unknown
$0 or 
Unknown
$0 or 
Unknown L.R. No. 5261H.01I 
Bill No. HB 2631  
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FISCAL IMPACT – Local GovernmentFY 2023
(10 Mo.)
FY 2024FY 2025LOCAL POLITICAL 
SUBDIVISIONS
Cost Savings – on salaries paid to 
elected officials for the unauthorized 
closure of a private business due to 
public health concerns
$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.
FISCAL DESCRIPTION
This bill requires that any elected official who orders the closure of a private business without 
proper authorization under state law or guidelines in order to address any public health concern 
or the spread of a contagious disease during a pandemic shall have his or her pay suspended 
during the period of private business closure.
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. 5261H.01I 
Bill No. HB 2631  
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SOURCES OF INFORMATION
Office of the Secretary of State
Office of the Governor
Missouri House of Representatives
Office of the State Courts Administrator
Department of Health and Senior Services
Office of the State Auditor
Missouri Senate
Office of the State Treasurer
City of Kansas City
City of O’Fallon
City of Springfield
Phelps County Sheriff’s Office
Little Blue Valley Sewer District
Metropolitan St. Louis Sewer District
Morgan County PWSD #2
South River Drainage District
St. Charles County PWSD #2
Wayne County PWSD #2
Julie MorffRoss StropeDirectorAssistant DirectorFebruary 25, 2022February 25, 2022