Missouri 2022 2022 Regular Session

Missouri Senate Bill SJR38 Introduced / Fiscal Note

Filed 03/09/2022

                    COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:3825S.07P Bill No.:Perfected SS No. 2 for SJR 38  Subject:Cities, Towns, and Villages; Law Enforcement Officers and Agencies Type:Original  Date:March 9, 2022Bill Summary:This proposal modifies constitutional provisions relating to funding for a 
police force established by a state board of police commissioners. 
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2023FY 2024FY 2025
General Revenue*
$0 or (More than 
$7,000,000)$0$0
Total Estimated Net 
Effect on General 
Revenue
$0 or (More than 
$7,000,000)$0$0
*The potential fiscal impact of “(More than $7,000,000)” would be realized only if a special 
election were called by the Governor to submit this joint resolution to voters.
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. 3825S.07P 
Bill No. Perfected SS No. 2 for SJR 38  
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March 9, 2022
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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$0$0 
*Transfers and costs net to zero if the Governor calls a special election.  Also, Oversight assumes 
potential offsetting increases in appropriations from the City of Kansas City (negative) to the 
Kansas City Police Department (positive) if this joint resolution is approved by voters and
statutes are changed (i.e. SB 678). L.R. No. 3825S.07P 
Bill No. Perfected SS No. 2 for SJR 38  
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March 9, 2022
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FISCAL ANALYSIS
ASSUMPTION
In response to a previous version, officials from the Office of the Secretary of State (SOS) 
assumed, each year, a number of joint resolutions that would refer to a vote of the people a 
constitutional amendment and bills that would refer to a vote of the people the statutory issue in 
the legislation may be considered by the General Assembly.  
Unless a special election is called for the purpose, Joint Resolutions proposing a constitutional 
amendment are submitted to a vote of the people at the next general election.  Article XII section 
2(b) of the Missouri Constitution authorizes the governor to order a special election for 
constitutional amendments referred to the people.  If a special election is called to submit a Joint 
Resolution to a vote of the people, section 115.063.2 RSMo requires the state to pay the costs.   
The cost of the special election has been estimated to be $7 million based on the cost of the 2020 
Presidential Preference Primary.
The Secretary of State’s office is required to pay for publishing in local newspapers the full text 
of each statewide ballot measure as directed by Article XII, Section 2(b) of the Missouri 
Constitution and Section 116.230-116.290, RSMo.  Funding for this item is adjusted each year 
depending upon the election cycle.  A new decision item is requested in odd numbered fiscal 
years and the amount requested is dependent upon the estimated number of ballot measures that 
will be approved by the General Assembly and the initiative petitions certified for the ballot.  In 
FY 2014, the General Assembly changed the appropriation so that it was no longer an estimated 
appropriation. 
For the FY22 petition cycle, The SOS estimates publication costs at $70,000 per page. The 
amount is subject to change based on the number of petitions received, length of those petitions 
and rates charged by newspaper publishers.
The Secretary of State’s office will continue to assume, for the purposes of this fiscal note, that it 
should have the full appropriation authority it needs to meet the publishing requirements. 
Because these requirements are mandatory, the SOS reserves the right to request funding to meet 
the cost of the publishing requirements if the Governor and the General Assembly again change 
the amount or continue to not designate it as an estimated appropriation.
Oversight has reflected, in this fiscal note, the state potentially reimbursing local political 
subdivisions the cost of having this joint resolution voted on during a special election in fiscal 
year 2023. This reflects the decision made by the Joint Committee on Legislative Research that 
the cost of the elections should be shown in the fiscal note. The next scheduled statewide 
primary election is in August 2022 and the next scheduled general election is in November 2022 
(both in FY 2023). It is assumed the subject within this proposal could be on one of these ballots;  L.R. No. 3825S.07P 
Bill No. Perfected SS No. 2 for SJR 38  
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March 9, 2022
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however, it could also be on a special election called for by the Governor (a different date). 
Therefore, Oversight will reflect a potential election cost reimbursement to local political 
subdivisions in FY 2023.
In response to a previous version, officials from the Office of the Secretary of State (SOS) 
noted 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.
Officials from the City of Kansas City (CKC) assume this proposal could have a negative fiscal 
impact on the City if the General Assembly, in reliance on the authority granted by this 
legislation, raised the minimum required amount of funding of the CKC police department.
Oversight assumes the City could have a negative fiscal impact, but only if the voters adopt the 
potential language at the next general election or a special election called by the Governor. 
Therefore, Oversight will reflect a $0 or unknown costs to the City of Kansas City for this 
proposal.  Oversight will reflect a corresponding increase to the Kansas City Police Department.
Oversight has requested additional information from the Kansas City Police Department 
regarding their response. Upon the receipt of this information, Oversight will review to 
determine if an updated fiscal note should be prepared and seek the necessary approval to 
publish a new fiscal note if needed.
Officials from the Missouri Highway PatrolCity of Springfield and the St. Louis County 
Police Department 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.  
In response to a previous version, officials from the Office of Administration - Budget and 
Planning, the City of Hughesville and the Phelps County Sheriff’s Department 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. 3825S.07P 
Bill No. Perfected SS No. 2 for SJR 38  
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FISCAL IMPACT – State GovernmentFY 2023
(10 Mo.)
FY 2024FY 2025GENERAL REVENUETransfer Out - SOS - reimbursement of 
local election authority election costs if a 
special election is called by the Governor
$0 or  (More than 
$7,000,000)
$0$0
ESTIMATED NET EFFECT ON 
GENERAL REVENUE
$0 or (More than 
$7,000,000)$0$0
FISCAL IMPACT – Local GovernmentFY 2023
(10 Mo.)
FY 2024FY 2025LOCAL POLITICAL SUBDIVISIONSTransfer In -  Local Election Authorities - 
reimbursement of election costs by the 
State for a special election
$0 or More than 
$7,000,000$0$0
Costs -  Local Election Authorities - cost of 
a special election if called for by the 
Governor
$0 or (More than 
$7,000,000)
$0$0
Costs – City of Kansas City – potential 
costs if the joint resolution passes AND 
RSMo is changed
$0 or (Unknown)$0 or 
(Unknown)
$0 or 
(Unknown)
Additional appropriations – Kansas City 
Police Department – potential increase if 
the joint resolution passes AND RSMo is 
changed
$0 or Unknown
$0 or 
Unknown$0 or Unknown
ESTIMATED NET EFFECT ON 
LOCAL POLITICAL SUBDIVISIONS$0 $0 $0
FISCAL IMPACT – Small Business
No direct fiscal impact to small businesses would be expected as a result of this proposal. L.R. No. 3825S.07P 
Bill No. Perfected SS No. 2 for SJR 38  
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FISCAL DESCRIPTION
Under current law, the General Assembly cannot require a city to increase an activity or service 
beyond that required by existing law, unless a state appropriation is made to pay the city for any 
increase costs.
This proposed Constitutional amendment, if approved by the voters, provides an exception to 
allow for a law that increases minimum funding, if increased before December 31, 2026, for a 
police force established by a state board of police commissioners to ensure they have additional 
resources to serve their communities.
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 the Secretary of State
City of Kansas City
Office of Administration - Budget and Planning
Missouri Highway Patrol
City of Hughesville
City of Springfield
Phelps County Sheriff’s Department
St. Louis County Police Department
Julie MorffRoss StropeDirectorAssistant DirectorMarch 9, 2022March 9, 2022