COMMITTEE ON LEGISLATIVE RESEARCH OVERSIGHT DIVISION FISCAL NOTE L.R. No.:4303H.05C Bill No.:HCS for SS for SCS for SB 724 Subject:Political Subdivisions; Cities, Towns, and Villages Type:Original Date:April 26, 2022Bill Summary:This proposal modifies provisions relating to political subdivisions. FISCAL SUMMARY ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2023FY 2024FY 2025 General Revenue* (Unknown, could exceed $1,834,605)$0 to (Unknown)$0 to (Unknown) Total Estimated Net Effect on General Revenue* (Unknown, could exceed $1,834,605)$0 to (Unknown)$0 to (Unknown) * The fiscal impact to the state is the potential loss of the Department of Revenue’s 2% collection fee. Oversight has ranged the impact from $0 (debt is already considered uncollectible and DOR would not have received the 2% fee even without this proposal) to $1,834,605 (which represents if DOR would have collected 100% of the $91 million of outstanding debt allowed to be reduced by this proposal). Oversight assumes the actual loss to the state for these provisions is on the very low end of this range. 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. 4303H.05C Bill No. HCS for SS for SCS for SB 724 Page 2 of April 26, 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 2025 Local Government* Unknown, less than $970,759 Unknown to (Unknown) Unknown to (Unknown) * The net fiscal impact to the local political subdivision is the potential loss of the Department of Revenue’s 2% collection fee. Oversight has ranged the impact from $0 (debt is already considered uncollectible and DOR would not have received the 2% fee even without this proposal) to $1,834,605 (which represents if DOR would have collected 100% of the $91 million of outstanding debt allowed to be reduced by this proposal). Oversight assumes the actual impact is on the very low end of this range. L.R. No. 4303H.05C Bill No. HCS for SS for SCS for SB 724 Page 3 of April 26, 2022 NM:LR:OD FISCAL ANALYSIS ASSUMPTION Oversight was unable to receive some of the agency responses in a timely manner due to the short fiscal note request time. Oversight has presented this fiscal note on the best current information that we have or on prior year information regarding a similar bill. Upon the receipt of agency and local 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. §§50.815 & 50.820 – County Financial Statements In response to similar legislation from 2020, HB 1814, officials at Henry County assumed a savings of $1,800 annually in publication costs from this proposal. Oversight inquired with Henry County regarding this proposal. The County currently submits a 14 page document to the newspaper which lists out every dollar by vendor. Since this proposal requires a summary of data to be published in the newspaper, Henry County’s publishing costs would be reduced as the number of pages would be reduced that would be submitted to the newspaper. In response to similar legislation from 2020, HB 1814, officials at Lincoln County assumed a savings of $2,000 annually in publication costs from this proposal. In response to similar legislation from 2020, HB 1814, officials at Livingston County assumed a savings of $2,500 annually in publication costs from this proposal. Oversight assumes using the counties above as an example, if the average savings of the three counties publication costs is $2,100 and 96 counties (2 nd , 3 rd and 4 th class counties) in Missouri published their financials in the newspaper, the potential savings could be up to $201,600 ($2,100 * 96) per year. Therefore, Oversight will reflect a potential savings in publication costs for counties to post their financials through a newspaper of general circulation in their county that could exceed $100,000 annually from this proposal. In response to a previous version, officials from the Office of the State Auditor 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 that agency. In response to a previous version, officials from Boone County and Greene County 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. L.R. No. 4303H.05C Bill No. HCS for SS for SCS for SB 724 Page 4 of April 26, 2022 NM:LR:OD §§59.310, 92.720, 92.740, 92.750, 92.760, 92.765, 92.770, 92.775, 92.810, 92.815, 92.817, 92.825, 92.835, 92.840, 92.852, 92.855, & 442.130 – Certain Property Regulations In response to similar legislation from this year, Perfected HCS for HB 2218, officials from the Office of the State Courts Administrator and the Metropolitan St. Louis Sewer 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. Officials from the City of St. Louis and the St. Louis Metropolitan Police Department did not respond to Oversight’s request for fiscal impact for this proposal. SEQ CHAPTER \h 1§64.231 – County Planning Boards Oversight assumes this provision will have no fiscal impact for this proposal. §105.145 – Financial statements of political subdivisions Officials from the Office of Administration - Budget and Planning (B&P) state §105.145 of the proposal excludes the fine for failure to submit annual financial statements for political subdivisions with gross revenues of less than $5,000, or for political subdivisions that have not levied or collected sales or use taxes in the fiscal year. This may result in a revenue loss for both the state and schools. It also provides grace from fines if the failure to timely submit the annual financial statement is the result of fraud or other illegal conduct and allows a refund by the Department of Revenue (DOR) of any fines already paid under these circumstances. The one-time 90% downward adjustment DOR is allowed to make on outstanding fine or penalty balances after January 1, 2023 results in the amount of collections being reduced for both the state and DOR collection fees. A similar downward adjustment may be made by DOR if the outstanding fines are deemed uncollectable. These downward adjustments will likewise result in a revenue loss for both the state and schools. Based on information from DOR, the department started imposing this fine in August 2017. B&P defers to DOR for more specific estimates of fines and actual collection costs. Officials from the Department of Revenue (DOR) state §105.145- Annual Financial Statement (Effective August 28, 2022) provides that currently local political subdivisions are required to file annual financial statements with the State Auditor’s Office. Failure to file those statements results in the political subdivision being assessed a fine of $500 per day per statutes, which is deposited into local school district funds. DOR notes that the Department started imposing this fine in August 2017. DOR receives notice from the State Auditor’s Office if a political L.R. No. 4303H.05C Bill No. HCS for SS for SCS for SB 724 Page 5 of April 26, 2022 NM:LR:OD subdivision does not file their annual financial statement. At that time, the DOR sends a notice to the political subdivision and thirty days later the fee starts to accumulate. DOR collects the fine by offsetting any sales or use tax distributions due to the political subdivisions. In essence, the DOR only gets to collect the fee if the political subdivision has a sales or use tax. Most of these political subdivisions do not have a sales or use tax for the Department to collect, so the DOR assumes much of what is owed is uncollectable. This is not state money but local political subdivision funds. Currently, a transportation development district that has gross revenues of less than $5,000 in a fiscal year is not subject to this fine. This proposal adds language that any political subdivision with less than $5,000 in revenue or has not levied or collected sales or use taxes in the fiscal year in which the report is due is not subject to the fine. This will change how the DOR determines the fine. This proposal also adds a provision that if failure to file the report is a result of fraud or other illegal conduct by an employee of the political subdivision, they will not be subject to the fine. The DOR notes that per statute, the Department is allowed to retain 2% of the amount collected for administration. Since the program began, DOR has collected $66,621 (rounded) which has been deposited into General Revenue. All DOR collection fees are deposited into General Revenue and are not retained by the Department. Current records of the Department show total fines assessed of $105,253,522 and that $3,331,032 (rounded) has been collected. The DOR is showing the assessment of the fines by the county in which the district that owes the fine is located. L.R. No. 4303H.05C Bill No. HCS for SS for SCS for SB 724 Page 6 of April 26, 2022 NM:LR:OD County Total Fine Imposed Total Fine Collected Adair$751,000.00$1,500.00Andrew$63,500.00$0.00Atchison$855,000.00$0.00Audrain$1,014,500.00$0.00Barry$1,863,500.00$16,202.57Barton $0.00$0.00Bates$944,000.00$30,500.00Benton$236,500.00$0.00Bollinger$1,682,500.00$0.00Boone$259,000.00$24,588.62Buchanan$1,100,000.00$53,342.38Butler$1,624,000.00$35,414.25Caldwell$100,000.00$15,312.17Callaway$493,000.00$2,635.05Camden$1,002,000.00$22,360.55Cape Girardeau$280,000.00$0.00Carroll$3,127,000.00$0.00Carter$1,908,000.00$103,500.00Cass$4,128,500.00$5,184.54Cedar$221,000.00$28,500.00Chariton$659,500.00$39,500.00Christian$2,219,500.00$0.00Clark$652,000.00$37,500.00Clay$1,211,000.00$14,500.00Clinton$982,000.00$16,500.00Cole$633,000.00$5,097.95Cooper$1,220,000.00$17,500.00Crawford$1,335,500.00$15,500.00Dade$211,500.00$0.00Dallas$1,202,500.00$0.00Daviess$623,500.00$0.00DeKalb$643,500.00$0.00Dent$194,500.00$0.00Douglas$0.00$0.00Dunklin$1,790,000.00$14,131.34Franklin$1,357,000.00$1,064.01 L.R. No. 4303H.05C Bill No. HCS for SS for SCS for SB 724 Page 7 of April 26, 2022 NM:LR:OD Gasconade$65,500.00$5,036.88Gentry$1,372,000.00$26.98Greene$705,500.00$0.00Grundy$847,500.00$0.00Harrison$588,000.00$0.00Henry$786,000.00$77,296.43Hickory$614,500.00$0.00Holt$1,701,000.00$10,500.00Howard$888,000.00$147,500.00Howell$642,500.00$11,000.00Iron$29,500.00$12,000.00Jackson$2,060,500.00$297,846.94Jasper$327,500.00$101,100.62Jefferson$1,203,000.00$19,301.01Johnson$589,500.00$1,500.00Knox$1,168,500.00$0.00Laclede$240,000.00$12,000.00Lafayette$283,500.00$34,028.54Lawrence$2,699,500.00$0.00Lewis$1,583,000.00$0.00Lincoln$1,051,500.00$31,000.00Linn$795,500.00$15,000.00Livingston$1,158,000.00$0.00Macon$236,500.00$0.00Madison$1,777,500.00$79,389.02Maries$118,000.00$0.00Marion$55,500.00$0.00McDonald$161,500.00$0.00Mercer$439,000.00$0.00Miller$801,500.00$4,598.44Mississippi$101,000.00$4,977.98Moniteau$0.00$0.00Monroe$42,000.00$10,000.00Montgomery$311,000.00$3,500.00Morgan $0.00$0.00New Madrid$1,631,500.00$122,693.96Newton$440,500.00$25,500.00 L.R. No. 4303H.05C Bill No. HCS for SS for SCS for SB 724 Page 8 of April 26, 2022 NM:LR:OD Nodaway$2,637,000.00$19,500.00Oregon $0.00$0.00Osage$610,500.00$12,104.21Ozark$43,000.00$43,000.00Pemiscot$2,513,000.00$6,500.00Perry$1,613,500.00$0.00Pettis$599,000.00$0.00Phelps$333,500.00$50,000.00Pike$19,500.00$0.00Platte$890,000.00$22,500.00Polk$507,500.00$0.00Pulaski$1,327,500.00$17,000.00Putnam$3,000.00$0.00Ralls$177,500.00$38,326.99Randolph$1,177,000.00$10,500.00Ray$2,211,500.00$0.00Reynolds$595,500.00$1,184.60Ripley$342,500.00$0.00Saline$849,500.00$0.00Schuyler$449,000.00$18,500.00Scotland$757,500.00$0.00Scott$1,853,000.00$620.44Shannon$287,000.00$135,998.71Shelby$6,500.00$6,500.00St. Charles$1,361,500.00$67,084.06St. Clair$2,012,500.00$265.88St. Francois$294,000.00$0.00St. Louis$3,260,500.00$895,058.73St. Louis City$5,548,000.00$149,299.59Ste. Genevieve$0.00$0.00Stoddard$1,346,500.00$136,084.38Stone$886,022.00$88,521.99Sullivan$695,500.00$0.00Taney$1,453,500.00$8,500.00Texas$1,096,500.00$42,500.00Vernon$1,227,000.00$12,000.00Warren$10,500.00$10,500.00 L.R. No. 4303H.05C Bill No. HCS for SS for SCS for SB 724 Page 9 of April 26, 2022 NM:LR:OD Washington$680,500.00$12,000.00Wayne$1,026,000.00$852.29Webster$429,000.00$0.00Worth$19,000.00$0.00Wright $0.00$0.00Grand Total$105,253,522.00$3,331,032.10 This proposal would result in fewer fines being assessed in the future. As stated previously, many of these current political subdivisions do not have any sales or use tax collected, so they may be able to avoid future penalties. This proposal also allows for a one-time reduction of a political subdivisions current outstanding balance. Should a political subdivision file its reports by January 1, 2023, they will be entitled to a one-time downward adjustment of their existing fine by 90%. The current outstanding balance is $101,922,490 ($105,253,522 owed - $3,331,032.10 collected, rounded). This is money the Department notes is owed, but most likely uncollectable. Should it be collected, it would be forwarded to the local school district funds. If all the fine money is eligible for the one-time reduction, this would result in $94,728,170 ($105,253,522 * .90, rounded) no longer being owed. Oversight notes if all political subdivisions file their report and receive the reduction, it would be a loss of $89,895,636 to the local school districts from not receiving the fine money, a loss to the state of $1,834,605 in collection fees and a gain to the local political subdivisions of $91,730,241($101,922,490 * 90%). Reducing the future fines would help save the local political subdivisions money; however, due to the uncollectability of most of this money, the DOR assumes no additional impact to the state. Oversight does not have any information to the contrary. Therefore, Oversight will reflect a potential loss of fine revenue stated by DOR to the General Revenue Fund for this proposal. Also, Oversight notes that because of the new language for certain local political subdivisions who have gross revenues of less than $5,000 or who have not levied or collected a sales and use tax in the fiscal year or if the failure to file a financial statement is the result of fraud or illegal conduct by an employee or officer of the political subdivision and the political subdivision complies with filing the financial statement within thirty days of the discovery of the fraud or illegal conduct, then the fine shall not be assessed and could result in a savings to local political subdivisions on fine fees. Therefore, Oversight will also reflect a savings to local political subdivisions of $0 to unknown for this proposal. Oversight also notes this proposal is allowing a political subdivision that files its financial statement before January 1, 2023 to receive a one-time 90% reduction of their outstanding balance of their fines owed. L.R. No. 4303H.05C Bill No. HCS for SS for SCS for SB 724 Page 10 of 18 April 26, 2022 NM:LR:OD Oversight also notes that the loss in fine revenue collected by DOR would result in a savings to the local political subdivisions who would no longer need to pay the fine revenue. It would also result in a loss of revenue to School Districts on these fines no longer being collected. Therefore, Oversight will reflect a savings to local political subdivisions on the fines no longer being collected and a loss of 98% of the fine revenue no longer going to the school districts for this proposal. Oversight notes that the Department of Revenue is allowed to retain two percent of the fine revenue collected (per §105.145.11). Oversight assumes a large majority of the $101,922,490 of outstanding fines to be uncollectible. Therefore, Oversight will range the fiscal impact from this proposal from $0 to DOR’s estimates. In response to similar legislation from 2021, SB 547, officials from the City of Corder, the City of HughesvilleCity of O’Fallon each assumed the proposal will have no fiscal impact on their organizations. Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal note for these cities. §§140.980, 140.981, 140.982, 140.983, 140.985, 140.986, 140.991, 140.1009, & 140.1012 – Land Bank Agencies In response to similar legislation from this year, HB 2177, officials from the cities of O’Fallon and Springfield 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. Oversight assumes this proposal is permissive, allowing cities and certain unincorporated communities to establish a land bank agency. Oversight assumes this would take further action by local political subdivisions and therefore, will not reflect a direct fiscal impact. §164.450 – Bonded Indebtedness of School Districts In response to similar legislation from this year, SB 1034, officials from the Office of the State Courts Administrator Oversight does not have any information to the contrary. Oversight will reflect a zero impact in the fiscal note for this agency. Oversight assumes this amendment relates to certain school districts within St. Charles County only, and may create a fiscal impact to such districts. Therefore, Oversight will reflect a $0 or Unknown cost to these school districts. §230.205 – Alternative County Highway Commissions in Certain Counties Oversight assumes no fiscal impact for this provision of the proposal. L.R. No. 4303H.05C Bill No. HCS for SS for SCS for SB 724 Page 11 of 18 April 26, 2022 NM:LR:OD Upon review of legislation from a prior year (HB 1403, 2020), Oversight inquired of the Missouri Association of Counties (MAC) as to how many alternative county highway commissions are currently being utilized. MAC stated they are unaware of any being utilized or of any that have been utilized in the past several years. §233.095 – Special Road Districts In response to similar legislation from this year, HB 1541, officials from the cities of Springfield and St. Louis 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 cities. §407.475 – Charitable Organizations Officials from the Office of Administration - Budget and Planning (B&P) assume this provision limits the regulation of charitable organizations. If, with this section, charitable organizations are no longer required to file certain tax returns, there may be a reduction to GR and TSR by an unknown amount, and may impact the calculation under Article X, Section 18(e). Officials from the Department of Revenue (DOR) assume this provision would prohibit a state agency or official from imposing an annual filing/reporting requirement on an organization regulated or specifically exempted from regulation under sections 407.450 to 407.478, if those annual filing/reporting requirements are more stringent, restrictive, or expansive than the requirements of section 407.462. Depending on whether this proposal applies to state tax filing and tax reporting requirements, this proposal may impact DOR as it pertains to tax administration. If the DOR could no longer require tax returns of certain organizations this could result in a significant but unknown loss to general revenue and total state revenue. In response to similar legislation from this year, SS No. 2 for SCS for SB 968, officials from the Attorney General’s Office, Department of Natural Resources, Department of Corrections Department of Higher Education and Workforce Development, Department of Health and Senior Services, Department of Mental Health, Department of Public Safety, Missouri Department of AgricultureMissouri Department of Conservation, and the Office of the State Courts Administrator respective agencies. Oversight will reflect the possible scenario described by B&P if charitable organizations are no longer required to report and file tax returns on unrelated business taxable income as a result of this provision. Therefore, the state may see a reduction in tax revenue of an unknown amount. Oversight will show the impact as a $0 or (Unknown) potential loss of general revenue funds. §473.742 – Salary Schedule for Public Administrators L.R. No. 4303H.05C Bill No. HCS for SS for SCS for SB 724 Page 12 of 18 April 26, 2022 NM:LR:OD SEQ CHAPTER \h 1In response to similar legislation from this year, HB 2450, officials from the Public Administrator’s Office for the City of St. Louis 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. Oversight notes each county has a public administrator including the City of St. Louis. Oversight is unclear what their current salaries are based on the number of letters that are opened annually. Oversight assumes this proposal would potentially increase the salaries in 2 nd , 3 rd and 4 th class counties based on assessed valuation. Oversight took the highest salary cap at 39 letters opened of $25,000 and calculated the difference in salary that would be increased based on the assessed valuation in the chart below. Using the Total Assessed Valuation by County in the 76 th Annual Report from the State Tax Commission, Oversight also organized the 2 nd , 3 rd , and 4 th class counties into salary classifications based on the assessed valuation. From this chart, Oversight assumes there could be a salary increase that could exceed $1,721,000 in salary collectively. Adding additional payroll taxes and workers’ compensation would yield a potential costs that could exceed $1,927,692 and Oversight will reflect this amount in the fiscal note for this proposal. A ssessed Valuation C ounty C lass N umber of C ounties* H ighest S alary A ssessed S alary D ifference i n Salary P otential A djusted Salary $ 8,000,000 to $40,999,999 3 1 2 5,000 $ 2 9,000 $ 4 ,000 $ 4 ,000 $ $ 41,000,000 to $53,999,999 0 0 2 5,000 $ 3 0,000 $ 5 ,000 $ -$ $ 54,000,000 to $65,999,999 0 0 2 5,000 $ 3 2,000 $ 7 ,000 $ -$ $ 66,000,000 to $85,999,999 3 2 2 5,000 $ 3 4,000 $ 9 ,000 $ 1 8,000 $ $ 86,000,000 to $99,999,999 3 2 2 5,000 $ 3 6,000 $ 1 1,000 $ 2 2,000 $ $ 100,000,000 to $130,999,999 3 1 0 2 5,000 $ 3 8,000 $ 1 3,000 $ 1 30,000 $ $ 131,000,000 to $159,999,999 3 1 3 2 5,000 $ 4 0,000 $ 1 5,000 $ 1 95,000 $ $ 160,000,000 to $189,999,999 3 8 2 5,000 $ 4 1,000 $ 1 6,000 $ 1 28,000 $ $ 190,000,000 to $249,999,999 3 1 2 2 5,000 $ 4 1,500 $ 1 6,500 $ 1 98,000 $ $ 250,000,000 to $299,999,999 3 9 2 5,000 $ 4 3,000 $ 1 8,000 $ 1 62,000 $ $ 300,000,000 to $449,999,999 3 , 4 1 5 2 5,000 $ 4 5,000 $ 2 0,000 $ 3 00,000 $ $ 450,000,000 to $599,999,999 3 , 4 1 4 2 5,000 $ 4 7,000 $ 2 2,000 $ 3 08,000 $ $ 600,000,000 to $749,999,999 3 , 4 6 2 5,000 $ 4 9,000 $ 2 4,000 $ 1 44,000 $ $ 750,000,000 to $899,999,999 3 1 2 5,000 $ 5 1,000 $ 2 6,000 $ 2 6,000 $ $ 900,000,000 to $1,049,999,999 2 2 2 5,000 $ 5 3,000 $ 2 8,000 $ 5 6,000 $ $ 1,050,000,000 to $1,199,999,999 2 1 2 5,000 $ 5 5,000 $ 3 0,000 $ 3 0,000 $ $ 1,200,000,000 to $1,349,999,999 0 0 2 5,000 $ 5 7,000 $ 3 2,000 $ -$ $ 1,350,000,000 and over 0 0 2 5,000 $ 5 9,000 $ 3 4,000 $ -$ 9 6 1 ,721,000 $ P ayroll taxes 7 .65% 1 31,657 $ W ork Comp 4 .36% 7 5,036 $ G rand Total 1 ,927,692 $ * Number of Counties were based off of the Total Assessed Valuation by County in the 76th Annual Report from the State Tax C ommission L.R. No. 4303H.05C Bill No. HCS for SS for SCS for SB 724 Page 13 of 18 April 26, 2022 NM:LR:OD Bill as a Whole Officials from the Department of Commerce and Insurance, the Department of Economic Development, the Department of Social Services, the Department of Elementary and Secondary Education, the Department of Labor and Industrial RelationsMissouri Department of Transportation, the Office of Administration, the City of Claycomo, the City of Kansas City, the St. Louis County Board of ElectionsPhelps County Sheriff’s Department, the St. Louis County Police Department, the Gordon Parks Elementary School, the Little Blue Valley Sewer District, the South River Drainage DistrictSt. Charles County PWSD #2, Joint Committee on Administrative RulesState Tax Commission 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. Other than what is noted in the above provisions, officials from the DOR assume the proposal will have no fiscal impact on their organization with regard to the rest of the sections in this proposal. Oversight reflect a zero impact in the fiscal note. 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. Oversight only reflects the responses received from state agencies and political subdivisions; however, other cities, counties, local election authorities, circuit clerks, public administrators, local law enforcement, schools and utility districts 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. L.R. No. 4303H.05C Bill No. HCS for SS for SCS for SB 724 Page 14 of 18 April 26, 2022 NM:LR:OD FISCAL IMPACT – State GovernmentFY 2023 (10 Mo.) FY 2024FY 2025GENERAL REVENUELoss – DOR – 2% of collection fee on future potential fines no longer assessed because LPS no longer required to file due to changes in the bill (§105.145) p.9 $0 to (Unknown) $0 to (Unknown) $0 to (Unknown) Loss – DOR – 2% collection fee that may have been collected if not for the one-time decrease of 90% of the outstanding balance from the local political subdivision if they submit a timely financial statement by 1/01/23 (§105.145) p. 9 $0 or up to ($1,834,605)$0$0 Loss – §407.475 DOR – if, with this bill, charitable organizations are no longer required to file certain tax returns p. 11 $0 or (Unknown) $0 or (Unknown) $0 or (Unknown) ESTIMATED NET EFFECT ON GENERAL REVENUE (Unknown, could exceed $1,834,605) $0 to (Unknown) $0 to (Unknown) L.R. No. 4303H.05C Bill No. HCS for SS for SCS for SB 724 Page 15 of 18 April 26, 2022 NM:LR:OD FISCAL IMPACT – Local Government FY 2023 (10 Mo.) FY 2024FY 2025LOCAL POLITICAL SUBDIVISIONS Savings – in publication costs on financials posted in a newspaper of general circulation (§§50.815 & 50.820) p.3 Could exceed $100,000 Could exceed $100,000 Could exceed $100,000 Savings – on potential fines for certain LPS (§105.145) p.9 $0 to Unknown$0 to Unknown $0 to Unknown Loss – School districts receiving less fine revenue (from savings above) (§105.145) p.9$0 to (Unknown) $0 to (Unknown) $0 to (Unknown) Costs – Certain school districts in St. Charles County (§164.450) pg. 10$0 or (Unknown) $0 or (Unknown) $0 or (Unknown) Savings – on fine revenue that is reduced with a one-time reduction of 90% on the outstanding balance due if they submit a timely financial statement by 1/1/23 (§105.145) p.9 $0 or up to $91,730,241$0$0 Loss – School Districts – reduction in fine revenue from one-time adjustment of fine revenue (§105.145) p.9 $0 or up to ($89,895,636)$0$0 Cost – Counties - Potential salary increases for public administrators (§473.742) pg. 11 (Could exceed $963,846) (Could exceed $1,927,692) (Could exceed $1,927,692) ESTIMATED NET EFFECT ON LOCAL POLITICAL SUBDIVISIONS Unknown, less than $970,759 Unknown to (Unknown) Unknown to (Unknown) FISCAL IMPACT – Small Business No direct fiscal impact to small businesses would be expected as a result of this proposal. FISCAL DESCRIPTION L.R. No. 4303H.05C Bill No. HCS for SS for SCS for SB 724 Page 16 of 18 April 26, 2022 NM:LR:OD This act modifies provisions relating to county financial statements. PUBLISHING OF COUNTY FINANCIAL STATEMENTS (Sections 50.815 & 50.820) This act changes the date counties shall prepare and publish their financial statements from the first Monday in March to June 30th of each year. Additionally, the county treasurer shall not pay the county commission until notice is received from the state auditor that the county's financial statement has been published in a newspaper after the first day of April. This act also requires second, third, and fourth class counties to produce and publish a county annual financial statement in the same manner as counties of the first classification. The financial statement shall include the name, office, and current gross annual salary of each elected or appointed county official. The county clerk or other county officer preparing the financial statement shall provide an electronic copy of the data used to create the financial statement without charge to the newspaper requesting the data. Finally, the newspaper publishing the financial statement shall charge and receive no more than its regular local classified advertising rate as published 30 days before the publication of the financial statement. COUNTY FINANCIAL STATEMENT PENALTIES FOR FAILURE TO FILE (Section 105.145) Under current law, any transportation development district having gross revenues of less than $5,000 in a fiscal year for which an annual financial statement was not timely filed to the State Auditor is not subject to a fine. This act provides that any political subdivision that has gross revenues of less than $5,000 or that has not levied or collected sales or use taxes in the fiscal year for which the annual financial statement was not timely filed shall not be subject to a fine. Additionally, if failure to timely submit the annual financial statement is the result of fraud or other illegal conduct by an employee or officer of the political subdivision, the political subdivision shall not be subject to a fine if the statement is filed within 30 days of discovery of the fraud or illegal conduct. If the political subdivision has an outstanding balance for fines at the time it files its first annual financial statement after August 28, 2022, the Director of Revenue shall make a one-time downward adjustment to such outstanding balance in an amount that reduces the outstanding balance by no less than 90%. If the Director of Revenue determines a fine is uncollectable, the Director shall have the authority to make a one-time downward adjustment to any outstanding penalty. §407.475 – Charitable Organizations L.R. No. 4303H.05C Bill No. HCS for SS for SCS for SB 724 Page 17 of 18 April 26, 2022 NM:LR:OD Under this act, the state shall not impose any additional annual filing or reporting requirements on a charitable organization that are more stringent, restrictive, or expansive than the report already required to be submitted to the Attorney General's office unless such filing or report is specifically required by federal law. This act shall not apply to labor organizations, state grants or contracts, or investigations by the Attorney General of charitable organizations as set forth in state statute. 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 Budget and Planning Department of Commerce and Insurance Department of Revenue Attorney General’s Office Office of the Secretary of State Department of Elementary and Secondary Education Office of the State Courts Administrator Department of Labor and Industrial Relations Metropolitan St. Louis Sewer District Department of Natural Resources Department of Corrections Department of Higher Education and Workforce Development Department of Health and Senior Services Department of Mental Health Department of Public Safety Missouri Department of Agriculture Missouri Department of Conservation City of Claycomo City of Kansas City City of Springfield City of St. Louis Budget Division Office of the State Auditor Joint Committee on Administrative Rules City of Corder City of Hughesville City of O’Fallon Boone County Greene County Henry County Lincoln County L.R. No. 4303H.05C Bill No. HCS for SS for SCS for SB 724 Page 18 of 18 April 26, 2022 NM:LR:OD Livingston County Department of Economic Development Department of Social Services Missouri Department of Transportation Office of Administration St. Louis County Board of Elections Phelps County Sheriff’s Department St. Louis County Police Department Gordon Parks Elementary School Little Blue Valley Sewer District South River Drainage District St. Charles County PWSD #2 State Tax Commission Julie MorffRoss StropeDirectorAssistant DirectorApril 26, 2022April 26, 2022