COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:4164H.05C Bill No.:HCS for SS for SB 812 Subject:Elections; General Assembly; Secretary of State Type:Original Date:May 9, 2022Bill Summary:This proposal modifies provisions relating to elections.
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2023FY 2024FY 2025General Revenue*$0 or (Unknown)$0 or (Unknown)$0 or (Unknown)Total Estimated Net
Effect on General
Revenue$0 or (Unknown)$0 or (Unknown)$0 or (Unknown)
*§4 allows the Speaker of the House and the President Pro Tempore of the Senate to obtain legal
counsel other than from the Attorney General. There is potential that costs for outside counsel
could exceed $250,000 if utilized.
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. 4164H.05C
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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 GovernmentUnknown to
(Unknown)
Unknown to
(Unknown)
Unknown to
(Unknown) L.R. No. 4164H.05C
Bill No. HCS for SS for SB 812
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FISCAL ANALYSIS
ASSUMPTION
Due to time constraints, Oversight was unable to receive some agency responses in a timely
manner and performed limited analysis. Oversight has presented this fiscal note on the best
current information that we have or on information regarding a similar bill(s). Upon the receipt
of agency responses, Oversight will review to determine if an updated fiscal note should be
prepared and seek approval to publish a new fiscal note.
Officials from the Office of the Secretary of State (SOS) assume 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 the 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 require additional resources.
In addition, SOS
record electronic voting machines (DREs) be removed from service by January 1, 2024, with the
exception of any machine used solely for disabled voters. Based on most recent survey
conducted in 2020, there are 330 DREs in service statewide. All local election authorities (LEAs)
which disclosed the use of DREs on the survey have already replaced or have indicated that they
are actively planning to replace those machines prior to the date specified in the bill. Therefore,
the SOS does not anticipate being required to cover the costs under Article X, Section 21, but
will provide assistance to those LEAs using existing grant programs.
Oversight notes this response from the SOS is different from previous years. SOS’ response to
similar proposals in 2021 (i.e. HB 925) included a per-machine replacement cost of $5,000 for
the 330 DRE’s in service statewide (for a total of $1.65 million). Oversight will utilize SOS’
assumption that this change is already in progress and that this bill will not create a material
additional fiscal impact to the state.
Officials from the Department of Revenue (DOR) assume the proposal will have no fiscal
impact on their organization. The provisions for electronic transmission of voter registration L.R. No. 4164H.05C
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application data proposed in §115.160 is a program that is already in place between DOR and the
SOS. This electronic exchange program was implemented on March 14, 2022.
Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero
impact in the fiscal note for DOR for this provision.
In response to similar legislation, SS for SCS for HB 1878, officials from the Department of
Revenue (DOR) stated:
§115.427.2(1)
The proposed change removes the language requiring an individual to sign a statement certifying
the individual has no other form of personal identification that meets the current requirements of
§115.427.2(1) when applying for a Nondriver identification card for voting transactions.
Administrative Impact
Currently the Department is required to have an individual who is applying for a Nondriver
license for voting purposes, sign a statement at time of application, certifying under penalty of
perjury that they have no other form of personal identification that would meet the current
requirements of §115.427.2(1).
To implement the proposed change, the Department would be required to:
• Update policies, procedures, and the Uniform License Issuance Manual (ULIM);
• Update forms, manuals, and the Department website;
• Complete business requirements and design documents to modify the Missouri Electronic
Driver License (MEDL) issuance system;
• Complete programming and user acceptance testing of the Missouri Electronic Driver
License (MEDL) issuance system;
• Train staff.
FY 2023 - Driver License Bureau
Research/Data Assistant 220 hrs. @ $16.30 per hr. =$3,586
Research/Data Analyst 260 hrs. @ $24.29 per hr. =$6,315
Administrative Manager 80 hrs. @ $26.37 per hr. =$2,110
Total $12,011
FY 2023 - Personnel Services Bureau
Associate Research/Data Analyst 20 hrs. @ $19.47 per hr. =$389
Associate Research/Data Analyst 10 hrs. @ $19.47 per hr. =$195
Total $584
Total Costs $12,595 L.R. No. 4164H.05C
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Oversight notes that IT costs for §115.427.2(1) according to DOR are contracted at $95 per
hour. This section would result in $2,873 (30.24 hours x $95) in FY 2023.
Revenue Impact
DOR states currently persons who already hold an acceptable identification for voting are not
allowed the no cost nondriver for voting since they cannot complete the required affidavit
statement. The removal of this limitation may allow persons who already have a valid driver
license or other eligible document to apply for the no cost nondriver for voting. The estimated
number of potential applicants who may have a current acceptable identification document for
voting and yet request an NDL for voting purposes is 53. This number was determined by
reviewing the maximum office denial count statewide in 2021.
The estimated loss of revenue below reflects the office transaction fee and office processing fee
since currently the offices are reimbursed for processing fees related to no fee nondriver for
voting transactions not collected at the time of issuance.
Potential annual loss of NDL Transaction Fee = $6.00 x 53= $318
10 months (FY23) = $265
Total Loss of State General Revenue FY 24, FY 25 and on-going $318
Potential savings from General Revenue by removing reimbursement of processing fees to
license offices for current issuance volumes of nondriver for voting documents would be:
$12.00 x 1,001(948 annual NDL Voting issuance + 53 denials) = $12,012 potential revenue
savings.
Vendor per card cost including postage for NDL $2.44112 x 53 = $129 annually FY 24, 25 and
on-going (this is assuming thee applicants would not have completed application today if fee not
waived).
This impact could potentially increase on election years when more citizens will utilize the
provisions.
**Oversight notes that there may be a potential increase in loss of revenue during an election
year when more citizens may utilize the provisions. According to DOR, the denial count
statewide out of 182 offices was 1,442 persons in 2020 (Presidential Election Year). The loss of
revenue is reflected below:
NDL Transaction Fee (Loss) = $6.00 x 1,442= ($ 8,652)
Office Processing Fee (Savings) = $12.00 x 1,442= $17,304
Total Affect to State General Revenue FY 23, FY 24 and on-going $8,652 L.R. No. 4164H.05C
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Oversight assumes that Department of Revenue will be able to accomplish the requirements of
§115.427.2(1) with existing resources; however, during presidential election years, the
cumulative impact may require additional appropriations. Oversight also assumes the effects on
the General Revenue Fund would not be material.
In response to similar legislation, SS for SCS for HB 1878, officials from the Missouri House of
Representatives assumed an unknown fiscal impact, as they do not know if the Speaker would
need to secure outside counsel and they have no way of estimating that amount.
In response to similar legislation, SS for SCS for HB 1878, officials from the Missouri Senate
assumed a new appropriation will need to be established to appropriate money for the purpose of
paying legal fees. The last time legal fees were paid was in 2010-2011 and the cost was $75,000
paid from the joint contingent appropriation. In 2017 attorney bids were obtained for potential
legal counsel and the bids came in at $200,000. The case was dropped and nothing was ever
paid. These fees would have been paid from the senate contingent appropriation. Therefore,
based on past bids from 2017 the Senate would assume costs to be around $200,000 to be
appropriated to the Senate for legal fees.
Oversight notes that Section 4 allows the Speaker of the House and the President pro tem of the
Senate to obtain legal counsel other than from the Attorney General, with the cost of
representation paid from funds appropriated for that purpose, to represent the House of
Representatives or Senate in any action in which they intervene on behalf of the general
assembly. Oversight notes that is difficult to determine the cost of outside counsel and if it would
be utilized. This funding is also dependent on appropriation, Therefore, Oversight will reflect a
$0 or unknown (secure counsel outside of AGO) that could exceed $250,000 on the fiscal note.
Officials from the Department of Commerce and Insurance, Department of Economic
Development, Department of Elementary and Secondary Education, Department of Higher
Education and Workforce Development, Department of Health and Senior Services,
Department of Mental Health, Department of Natural Resources, Department of
Corrections, Office of the Governor, Department of Public Safety-Alcohol and Tobacco,
Department of Public Safety-Fire Safety, Department of Public Safety-Director’s Office,
Department of Public Safety-Gaming Commission, Department of Public Safety-National
Guard, Missouri Highway PatrolDepartment of Public Safety-State Emergency
Management Agency, Department of Social Services, Missouri Department of Agriculture
Missouri Ethics Commission, MoDOT & Patrol Employees’ Retirement System, Petroleum
Storage Tank Insurance Fund, Office of the State Public Defender, Office of the State
Auditor, Office of the State Treasurer, Joint Committee on Education, Legislative
Research, Oversight Division, Missouri Lottery Commission, Missouri Consolidated Health
Care Plan, Missouri Higher Education Loan Authority, Missouri Office of Prosecution
Services, and State Tax Commission each
assume 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 agencies for this section. L.R. No. 4164H.05C
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Officials from the Missouri Department of Transportation defer to the Department of
Revenue for the potential fiscal impact of this proposal.
Officials from the St. Louis County Board of Elections assume the proposal would prevent
them from accepting private money for election administration. This could have a potential
impact from $0-$2 million. Also, proposed section 115.160.3 will have the DMV electronically
transfer voter registrations to the office would save 350 hours of work a year. At the lowest
temporary employee salary, this would save $13,000 annually.
In response to similar legislation, HCS for HB 2140, officials from Platte County Board of
Elections stated in 2020, they received about $40,000 in funding that would not be allowed in
the proposed legislation. The funding was necessary due to added expenses of conducting an
election in the midst of a pandemic.
Oversight notes §115.022 prohibits election authorities from receiving or expending private
moneys for preparing, administering, or conducting an election, including registering voters.
This could have a potential negative impact on local elections authorities if they are unable to
replace private money with an acceptable source according to this provision. Therefore,
Oversight will reflect a potential loss of $0 to Unknown that could exceed $250,000 on the fiscal
note.
Oversight notes that §115.160.3 states the Director of Revenue shall utilize electronic voter
registration application forms and provide for secure electronic transfer of voter registration
information to election authorities. As stated above by the St. Louis County Board of Elections
there would be a savings as a result of electronic registrations. Therefore, Oversight will reflect
an unknown positive impact to local election authorities in the fiscal note due to this provision.
Oversight also notes that at the beginning of January 1, 2024, no electronic voting systems shall
be used. The use of remaining direct-record electronic voting machines shall be phased out upon
mechanical failure. Based on most recent survey conducted in 2020, there are 330 DREs in
service statewide. All local election authorities (LEAs) which disclosed the use of DREs on the
survey have already replaced or have indicated that they are actively planning to replace those
machines prior to the date specified in the bill. Therefore, Oversight does not anticipate fiscal
impact to LEAs for this provision.
Oversight only reflects the responses received from state agencies and political subdivisions;
however, other local election authorities and county clerks 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. 4164H.05C
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FISCAL IMPACT – State GovernmentFY 2023
(10 Mo.)
FY 2024FY 2025GENERAL REVENUE FUNDCost –§4
SEN/MHR legal counsel p. 6
$0 or
(Unknown)
$0 or
(Unknown)
$0 or
(Unknown)
ESTIMATED NET EFFECT ON
GENERAL REVENUE FUND
$0 or
(Unknown)
$0 or
(Unknown)
$0 or
(Unknown)
FISCAL IMPACT – Local GovernmentFY 2023
(10 Mo.)
FY 2024FY 2025LOCAL POLITICAL
SUBDIVISIONS
Savings – LEAs - §115.160.3 Electronic
registrations p. 7
UnknownUnknownUnknownLoss – LEAs - §115.022
Loss of election funding by private
sources p. 7
$0 to
(Unknown
Could exceed
$250,000)
$0 to
(Unknown
Could exceed
$250,000)
$0 to
(Unknown
Could exceed
$250,000)
Costs – to implement various provisions
of the bill
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
ESTIMATED NET EFFECT ON
LOCAL POLITICAL
SUBDIVISIONS
Unknown to
(Unknown)
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
This act modifies various provisions relating to elections. L.R. No. 4164H.05C
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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 Commerce and Insurance
Department of Economic Development
Department of Elementary and Secondary Education
Department of Higher Education and Workforce Development
Department of Health and Senior Services
Department of Mental Health
Department of Natural Resources
Department of Corrections
Department of Public Safety-Alcohol and Tobacco
Department of Public Safety-Fire Safety
Department of Public Safety-Director’s Office
Department of Public Safety-Gaming Commission
Department of Public Safety-National Guard
Department of Public Safety-Highway Patrol
Department of Public Safety-State Emergency Management Agency
Department of Social Services
Missouri Department of Agriculture
Missouri Ethics Commission
Missouri Department of Transportation
MoDOT & Patrol Employees’ Retirement System
Petroleum Storage Tank Insurance Fund
Office of the Secretary of State
Office of the State Public Defender
University of Missouri
St. Louis County Board of Elections
Office of the Governor
Office of the State Auditor
Office of the State Treasurer
Joint Committee on Education
Legislative Research
Oversight Division
Missouri Lottery Commission
Missouri Consolidated Health Care Plan
Missouri Higher Education Loan Authority
Missouri Office of Prosecution Services L.R. No. 4164H.05C
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Missouri State Employee's Retirement System
State Tax Commission
Julie MorffRoss StropeDirectorAssistant DirectorMay 9, 2022May 9, 2022