COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:2609H.02I Bill No.:HB 1283 Subject:Federal - State Relations; Department of Higher Education and Workforce
Development; Education, Elementary and Secondary; State Employees
Type:Original Date:April 16, 2023Bill Summary:This proposal creates the "Public Domain Preservation Act".
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2024FY 2025FY 2026Total Estimated Net
Effect on General
Revenue $0$0$0
ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTEDFY 2024FY 2025FY 2026Colleges and
Universities*$0 or (Unknown)$0 or (Unknown)$0 or (Unknown)
Total Estimated Net
Effect on Other State
Funds$0 or (Unknown)$0 or (Unknown)$0 or (Unknown)
*Based on university responses, Oversight assumes the fiscal impact could exceed the $250,000
threshold.
Numbers within parentheses: () indicate costs or losses. L.R. No. 2609H.02I
Bill No. HB 1283
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ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND AFFECTEDFY 2024FY 2025FY 2026Total Estimated Net
Effect on All Federal
Funds $0$0$0
ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND AFFECTEDFY 2024FY 2025FY 2026Total 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 2024FY 2025FY 2026Local Government$0 or (Unknown)$0 or (Unknown)$0 or (Unknown) L.R. No. 2609H.02I
Bill No. HB 1283
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FISCAL ANALYSIS
ASSUMPTION
Section 1.1010 - Public Domain Preservation Act
Officials from the University of Missouri state this bill would have a significant and negative
fiscal impact on the University of Missouri System.
Officials from Missouri State University stat this bill would have a negative fiscal impact. The
bill would place the university in violation of requirements connected to federal grants and
contracts likely making the university ineligible to receive such grants and contracts in the
future. The bill would also jeopardize continuation of operations for Jordan Valley Innovation
Center (approximately $500,000 in revenue annually) and other research and development
operations involving intellectual property rights
Officials from the University of Central Missouri
indeterminate fiscal impact due to uncertainty of application.
Oversight assumes this legislation could have a fiscal impact on colleges and universities. For
fiscal note purposes, Oversight will reflect a fiscal impact of $0 (the legislation does not make
the colleges and universities ineligible to receive grants and contracts) or an unknown loss to
Colleges and Universities and to local political subdivisions.
Officials from the Office of Administration - Budget and Planning (B&P) assume this
proposal has no direct impact on B&P and has no direct impact on general or total state revenues.
This proposal will not impact the calculation pursuant to Article X, Sec. 18(e).
Officials from the Attorney General’s Office, the Department of Commerce and Insurance,
the Department of Economic Development, the Department of Elementary and Secondary
Education, the Department of Higher Education and Workforce Development, the
Department of Health and Senior Services, the Department of Mental Health, the
Department of Natural Resources, the Department of Corrections, the Department of
Labor and Industrial Relations, the Department of Revenue the Department of Public
Safety (Office of the Director, Capitol Police, Alcohol & Tobacco Control, Fire Safety,
Gaming Commission, Missouri Highway Patrol, Missouri National Guard, State
Emergency Management Agency and Veterans Commission the Department of Social
ServicesOffice of the Governor, the Joint Committee on Administrative Rules
Joint Committee on Public Employee Retirement, the Missouri Lottery Commission, the
Missouri Consolidated Health Care Plan, the Department of Agriculture, the Missouri
Department of Conservation, the Missouri Ethics Commission, the Missouri House of
Representatives, the Department of Transportation, the Office of Prosecution Services, the
Office of AdministrationAdministrative Hearing Commission), the Office of the State L.R. No. 2609H.02I
Bill No. HB 1283
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Courts Administrator the Office of the State Auditor the Missouri Senate, the Office of the
State Public Defender State Tax Commission each assume the proposal will have no
fiscal impact on their respective organizations.
Officials from the City of Springfield, Kansas City and St. Charles Community College each
assume the proposal will have no fiscal impact on their respective organizations.
Oversight notes that the above mentioned agencies have stated the proposal would not have a
direct fiscal impact on their organization. Oversight does not have any information to the
contrary. Therefore, Oversight will reflect a zero impact on the fiscal note for these agencies.
Rule Promulgation
Officials from the Joint Committee on Administrative Rules assume this proposal is not
anticipated to cause a fiscal impact beyond its current appropriation.
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. L.R. No. 2609H.02I
Bill No. HB 1283
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Oversight only reflects the responses received from state agencies and political subdivisions;
however, other cities, counties, colleges, universities, schools and charter schools 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.
FISCAL IMPACT – State GovernmentFY 2024
(10 Mo.)
FY 2025FY 2026COLLEGES AND UNIVERSITIESLoss – Federal grants and contracts$0 or
(Unknown)
$0 or
(Unknown)
$0 or
(Unknown)
ESTIMATED NET EFFECT ON
COLLEGES AND UNIVERSITIES
$0 or
(Unknown)
$0 or
(Unknown)
$0 or
(Unknown)
FISCAL IMPACT – Local GovernmentFY 2024
(10 Mo.)
FY 2025FY 2026LOCAL POLITICAL
SUBDIVISIONS
Loss – Community Colleges
Federal grants and contracts
$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. L.R. No. 2609H.02I
Bill No. HB 1283
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FISCAL DESCRIPTION
This bill establishes the "Public Domain Preservation Act", which provides that, if produced as
part of a person's official duties, federal copyright or patent protection shall not be asserted for
judicial opinions; administrative rulings; legislative enactments; public ordinances; or any other
material produced by an officer, employee, director, board member, or agent of the state of
Missouri, any state department, political subdivision, or special district of this state. Any existing
work shall be made available at no cost under a perpetual, transferable, worldwide license that
stipulates no enforcement of such copyright or patent protection shall be exercised, and the work
shall be considered within the public domain.
This bill shall not apply to any research, discovery, or invention that was discovered,
documented, or published by an employee of any public school or public institution of higher
education; however, such items shall be made available under license at no cost to any natural
person residing in the state. Any material published by a state department, political subdivision,
or special district of this state that is subject to this bill shall be accompanied by a notice stating:
"Public Domain Content, No Rights Reserved".
Any material published or distributed by a state department, political subdivision, or special
district of this state shall contain the words "Paid for by" followed by the public entity and name
of the director of the public entity that paid for the material.
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. 2609H.02I
Bill No. HB 1283
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SOURCES OF INFORMATION
Attorney General’s Office
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 Labor and Industrial Relations
Department of Revenue
Department of Public Safety
Office of the Director
Division of Alcohol and Tobacco Control
Capitol Police
Fire Safety
Missouri Gaming Commission
Missouri Highway Patrol
Missouri National Guard
State Emergency Management Agency
Missouri Veterans Commission
Department of Social Services
Office of the Governor
Joint Committee on Public Employee Retirement
Joint Committee on Administrative Rules
Missouri Lottery Commission
Legislative Research
Oversight Division
Local Government Employees Retirement System
Missouri Consolidated Health Care Plan
Missouri Department of Agriculture
Missouri Department of Conservation
Missouri Ethics Commission
Missouri House of Representatives
Office of the Lieutenant Governor
Missouri Department of Transportation
Missouri State Employee's Retirement System
MoDOT & Patrol Employees’ Retirement System
Missouri Office of Prosecution Services
Office of Administration
Administrative Hearing Commission
Budget and Planning L.R. No. 2609H.02I
Bill No. HB 1283
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Facilities Management, Design and Construction
Office of the State Courts Administrator
Office of the State Auditor
Missouri Senate
Office of the Secretary of State
Office of the State Public Defender
Office of the State Treasurer
Public Schools and Education Employee Retirement Systems
State Tax Commission
University of Missouri
Kansas City
City of Springfield
Missouri State University
University of Central Missouri
St. Charles Community College
Julie MorffRoss StropeDirectorAssistant DirectorApril 16, 2023April 16, 2023