COMMITTEE ON LEGISLATIVE RESEARCH OVERSIGHT DIVISION FISCAL NOTE L.R. No.:1305H.02I Bill No.:HB 471 Subject:State Employees; State Departments Type:Original Date:February 28, 2023Bill Summary:This proposal allows state agencies to create incentive programs for employees. FISCAL SUMMARY ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2024FY 2025FY 2026 General Revenue* $0 $0 to (Could exceed $369,086,226) $0 to (Could exceed $369,086,226) Total Estimated Net Effect on General Revenue $0 $0 to (Could exceed $369,086,226) $0 to (Could exceed $369,086,226) *Oversight notes the fiscal impact depends on numerous factors, including an appropriation(s) for the program, formally adopted policies by the state departments, and the number of employees meeting the targets outlined in the adopted policies. All of these considered, the fiscal impact could be substantially less than the stated amounts. As the criteria would have to be stated in writing at least one year before the retention or achievement payments are made, Oversight will not reflect a potential fiscal impact until FY 2025. ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTEDFY 2024FY 2025FY 2026Other State Funds*$0 $0 to (Could exceed $228,823,015) $0 to (Could exceed $228,823,015) Total Estimated Net Effect on Other State Funds $0 $0 to (Could exceed $228,823,015) $0 to (Could exceed $228,823,015) Numbers within parentheses: () indicate costs or losses. L.R. No. 1305H.02I Bill No. HB 471 Page 2 of February 28, 2023 KC:LR:OD ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND AFFECTEDFY 2024FY 2025FY 2026Federal Funds$0 $0 to (Could exceed $148,171,669) $0 to (Could exceed $148,171,669) Total Estimated Net Effect on All Federal Funds $0 $0 to (Could exceed $148,171,669) $0 to (Could exceed $148,171,669) 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$0$0 L.R. No. 1305H.02I Bill No. HB 471 Page 3 of February 28, 2023 KC:LR:OD FISCAL ANALYSIS ASSUMPTION §105.1750 – Personnel Incentive Program Officials from the Office of Administration – Office of Personnel (OA) state if this proposal was implemented statewide, the proposal could have a potential impact of $0 to $746,080,910. The Office of Administration, Division of Personnel based this information on various turnover percentage rates within the executive branch from November 30, 2022 data. The Division of Personnel assumes that, if this proposal was passed, state agencies could pay out bonuses of up to 20% once every other year. Following this assumption as well as assuming 0% turnover, the potential cost would be up to $746,080,910.00 with total regular payroll with fringe benefits. The potential cost using a turnover rate of 27.4% would be $541,895,659.00 with total regular payroll with fringe benefits. The potential cost using a turnover rate of 58.6% (percentage of turnover for employees with less than two years of services) would be $308,767,684.00 with total regular payroll with fringe benefits. Office of Administration, Division of Personnel based this impact purely on longevity requirements, assuming the max of 20% with no consideration for other written criteria that would affect eligibility. OA assumes the cost will be split as follows General Revenue (49.47%): $369,086,226 Federal Funds (19.86%): $148,171,669 Other Funds (30.67%): $228,823,015 Total (100%): $746,080,910 For fiscal note purposes, Oversight will use the cost estimate provided by OA to reflect the potential cost as a result of this proposal for the executive branch of government. However, Oversight assumes this legislation applies to all branches of government and will reflect the cost estimate as “could exceed” to capture potential cost to the legislative and judicial branches. Oversight also assumes this legislation will not be mandated and therefore will reflect the fiscal impact as $0 (the program is not utilized) to “Could exceed” the max 20% cost estimate provided by OA split between the General Revenue Fund, Federal Funds and Other Funds beginning in FY 25. Officials from the Department of Economic Development retention or achievement payment not to exceed 20% of base salary to be awarded on completion of the retention period and not more frequently than biennially. This may result in the need for additional Personal Service funding to cover these increases; however, it is difficult to determine L.R. No. 1305H.02I Bill No. HB 471 Page 4 of February 28, 2023 KC:LR:OD an estimated cost. They estimated 25% of the department's FTE receiving the payment and then calculated the 20% increase. Estimated costs: General Revenue - $0 to $248,009 Federal - $0 to $174,683 Other - $0 to $92,841 Total - $0 to $515,533 Officials from the Department of Higher Education and Workforce Development (DHEWD) assumes Section 105.1750 states “Personnel payments to encourage retention or exceptional employment achievement, established by formally adopted policy or contract at least one year prior to the applicable employment achievement, shall not be considered a bonus in violation of Article III, Section 39 of the Constitution of Missouri. The retention or achievement payments include, but are not limited to, payments that do not exceed twenty percent of base wages or salary, to be awarded on completion of the retention period in question and not more frequent than biennially. Payments for exceptional employment achievement shall be made according to specific, written criteria predetermined and approved by the department director in writing at least one year prior to the exceptional employment achievement.” DHEWD is unable to estimate either the number of individuals who will receive retention or exceptional employment achievement payments. DHEWD's annual payroll at full employment is $23,972,498, 20% of which is $4,794,500. DHEWD estimates an impact of $0 to $3,995,417 in FY 2024 with $588,491 in GR, $3,320,322 in Federal Funds and $86,604 in Other funds. Officials from the Department of Labor and Industrial Relations assume this proposal will have a fiscal impact on their department. Officials from the Department of Revenue (DOR) state this legislation would allow the Department to provide monetary incentives for employee retention and reward, not to exceed 20% of salary, and such payment would not be in violation of the Missouri Constitution. If passed, the Department would request appropriate funding for this incentive program through the appropriations process. Officials from the Department of Public Safety - Missouri Highway Patrol anticipate a fiscal impact if it implemented an incentive program under the proposed legislation, to assist with recruiting, hiring, and retention. At this time, the Patrol has not researched a methodology to implement an incentive program. The most likely affected funds have been listed within this response, however, the actual impact to each fund is unknown. Factors influencing the fiscal impact would be the number of personnel granted the incentive. It is estimated the fund most affected by House Bill 471 would be the Highway Fund (0644). L.R. No. 1305H.02I Bill No. HB 471 Page 5 of February 28, 2023 KC:LR:OD Officials from the Office of the State Public Defender assume to provide an incentive program of a 1% salary increase per successful year of service, the annual current cost to SPD would be approximately $1,500,000. Officials from the Missouri Lottery Commission assume this proposal will cost the state $660,650 in year 1, $800,708 in year 2 and $808,715 in year 3. The proposal authorizes bonuses to encourage employee retention or to award exceptional achievement, not to exceed 20% of base salary and not more frequently then every other year. The Lottery’s base salary is estimated at $7.9 million times 20% is $1.6 million, every other year would be $800k. The Lottery would need additional personal services appropriation authority to implement this program. Without additional appropriation authority, they could only offer 1-2% of base salary, or approximately $40k to $80k per year in bonuses. Officials from the Missouri Office of Prosecution Services (MOPS) assume their department would use such a provision to retain employees or encourage achievement there would be a negative fiscal impact. The amount of this negative impact cannot be accurately determined. However, it should also be noted that the negative fiscal impact might be offset by encouraging the retention of experienced employees thus saving the cost of having to hire and train new employees. Officials from the Department of Public Safety (Capitol Police, Alcohol & Tobacco Control Fire Safety, Gaming Commission, Missouri National Guard, State Emergency Management Agency and Veterans Commission), the Department of Social Services, the Office of the Governor, the Joint Committee on Administrative Rules, the Missouri Consolidated Health Care Plan, the Missouri Department of Conservation, the Missouri Ethics Commission, the Missouri House of Representatives, the (Budget and Planning)Office of the State Courts Administrator, the Office of the State Auditor, the Missouri Senate, the Office of the Secretary of State, the Office of the State Treasurer and the State Tax Commission 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. Officials from the Department of Elementary and Secondary Education, the Department of Health and Senior Services, the Department of Mental Health, the Department of Natural Resources, the Department of Corrections, the Department of Public Safety – Directors OfficeMissouri Department of Agriculture defer to the Office of Administration for the potential fiscal impact of this proposal. L.R. No. 1305H.02I Bill No. HB 471 Page 6 of February 28, 2023 KC:LR:OD FISCAL IMPACT – State GovernmentFY 2024 (10 Mo.) FY 2025FY 2026GENERAL REVENUE Cost – OA §105.1750 p.3 Incentive Programs $0$0 (Could exceed $369,086,226) $0 (Could exceed $369,086,226) ESTIMATED NET EFFECT TO THE GENERAL REVENUE FUND $0$0 (Could exceed $369,086,226) $0 (Could exceed $369,086,226) OTHER STATE FUNDS Cost – OA §105.1750 p.3 Incentive Programs $0$0 (Could exceed $228,823,015) $0 (Could exceed $228,823,015) ESTIMATED NET EFFECT TO OTHER STATE FUNDS $0$0 (Could exceed $228,823,015) $0 (Could exceed $228,823,015) FEDERAL FUNDS Cost – OA §105.1750 p.3 Incentive Programs $0$0 (Could exceed $148,171,669) $0 (Could exceed $148,171,669) ESTIMATED NET EFFECT TO FEDERAL FUNDS $0$0 (Could exceed $148,171,669) $0 (Could exceed $148,171,669) FISCAL IMPACT – Local GovernmentFY 2024 (10 Mo.) FY 2025FY 2026$0$0$0 L.R. No. 1305H.02I Bill No. HB 471 Page 7 of February 28, 2023 KC:LR:OD FISCAL IMPACT – Small Business No direct fiscal impact to small businesses would be expected as a result of this proposal. FISCAL DESCRIPTION In order to encourage retention or exceptional employment achievement, this bill provides for personnel payments to be made according to specific, written criteria, predetermined and approved by the department director in writing, at least one year prior to the exceptional employment achievement. The payments authorized by the bill shall not exceed 20% of the employee's base wages or salary and are awarded upon the completion of the retention period in question and not more frequently than biennially. The payments indicated in the bill are not considered as a bonus in violation of Article III, Section 39 of the Missouri Constitution. 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 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 L.R. No. 1305H.02I Bill No. HB 471 Page 8 of February 28, 2023 KC:LR:OD 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 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 Julie MorffRoss StropeDirectorAssistant DirectorFebruary 28, 2023February 28, 2023