COMMITTEE ON LEGISLATIVE RESEARCH OVERSIGHT DIVISION FISCAL NOTE L.R. No.:3522H.03C Bill No.:HCS for HB 1481 Subject:Law Enforcement Officers and Agencies; Saint Louis City Type:Original Date:February 27, 2024Bill Summary:This proposal modifies provisions relating to the operation of certain law enforcement agencies. FISCAL SUMMARY ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2025FY 2026FY 2027 General Revenue* (Less than $572,188) (Unknown, less than $669,218) (Unknown, less than $681,101) Total Estimated Net Effect on General Revenue(Less than $572,188) (Unknown, less than $669,218) (Unknown, less than $681,101) *Oversight notes the provisions of this proposal state the Office of Administration shall reimburse from the State Legal Expense Fund any board of police commissioners established under Chapter 84 for liability claims eligible for payment under §105.711 paid by such boards on a twenty-one equal share basis per claim up to the current law maximum of $1,000,000 per fiscal year. ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTEDFY 2025FY 2026FY 2027Other State Funds $0 to Unknown (Unknown) to Unknown (Unknown) to Unknown Legal Expense Fund (0692)* $0$0$0 Total Estimated Net Effect on Other State Funds$0 to Unknown (Unknown) to Unknown (Unknown) to Unknown *Cost avoidance and reduction in contributions net to zero. Numbers within parentheses: () indicate costs or losses. L.R. No. 3522H.03C Bill No. HCS for HB 1481 Page 2 of February 27, 2024 NM:LR:OD ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND AFFECTEDFY 2025FY 2026FY 2027Total Estimated Net Effect on All Federal Funds $0$0$0 ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND AFFECTEDFY 2025FY 2026FY 2027General Revenue5 FTE5 FTE5 FTETotal Estimated Net Effect on FTE5 FTE5 FTE5 FTE ☒ 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 2025FY 2026FY 2027 Local Government$0 to (Unknown) (Unknown) to Unknown (Unknown) to Unknown L.R. No. 3522H.03C Bill No. HCS for HB 1481 Page 3 of February 27, 2024 NM:LR:OD FISCAL ANALYSIS ASSUMPTION Officials from the Attorney General’s Office (AGO) assume this proposal will increase litigation because, additional cases can be referred to the AGO, which the AGO shall then defend. The requested additional attorneys are necessary to review and litigate the additional cases. The Office will need four (4) Assistant Attorneys General III due to the complex nature of these cases. One (1) additional staff person is requested to support the additional attorneys. AGO assumes a cost of approximately $670,000 per year for the five (5) additional FTE. This bill will impact the Legal Expense Fund in an unknown amount. Oversight does not have information to the contrary and therefore, Oversight will reflect the estimates as provided by the AGO. Officials from the Office of Administration - Budget and Planning (B&P) assume §84.225 creates a $1,000 penalty for any mayor or city official who attempts to impede or hinder the Board of Commissioners. To the extent any related fines or penalties are deposited in the state treasury, TSR may be impacted. B&P also states §§84.325.2 transfers certain assets, contractual obligations, indebtedness, and other lawful obligations from the St. Louis Police Department to the state. B&P does not have any information on what, if any, assets or obligations might be transferred. The state could risk picking up significant debt obligations. Oversight inquired the B&P regarding if the proposal would be under state control according to their response. B&P states the following: “Section 84.325.2 would require the St. Louis Police Department to “convey, assign, and otherwise transfer to the board title and ownership of all indebtedness and assets, including, but not limited to, all funds and real and personal property held in the name of or controlled by the municipal police department.” B&P assumes this means the state could pick up debt obligations through the state board of police commissioners. B&P thinks there might be room for interpretation depending on how the board is funded.” Officials from the Office of Administration (OA) assume §105.726.3 adds the provision that reimbursement from the Legal Expense Fund (LEF) is on a twenty-one equal share basis per claim up to a maximum of one million dollars per fiscal year. This change has the potential to avoid costs to the LEF. The maximum amount to be reimbursed remains unchanged with this legislation. The number of successful claims is unknown; therefore, the potential cost avoidance is also unknown. L.R. No. 3522H.03C Bill No. HCS for HB 1481 Page 4 of February 27, 2024 NM:LR:OD Oversight does not have any information contrary to that provided by OA. Therefore, Oversight will reflect OA’s potential unknown impact to the State Legal Expense Fund. Oversight notes the Legal Expense Fund is funded by the General Revenue Fund as well as other state funds. Oversight notes this possible litigation exposure as described by OA could also apply to local political subdivisions. Oversight notes in §84.325.1 that the section references subsection 6 of that section. Subsection 6 is no longer within the language of this section. Oversight also assumes if the state takes control of the St Louis Police Department, it will be exposed to additional LEF claims in the future. Oversight will reflect a potential unknown loss of funds starting in FY 2026. Oversight notes in §84.325, subsections 1 & 2 state on August 28, 2024, the Board of Police Commissioners shall assume control of any municipal police force established in any city not within a county, which, at this time, is only St. Louis City. Upon such assumption, any municipal police force within St. Louis City shall transfer to the Board title and ownership of all debts and assets, including but not limited to, all funds and real and personal property held in the name of or controlled by the municipal police department. Such city shall thereafter cease the operation of any police department or police force. Officials from the Department of Natural Resources, the Department of Labor and Industrial Relations, the Department of Public Safety (Office of the Director) and the Joint Committee on Administrative Rules 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. 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 only reflects the responses received from state agencies and political subdivisions; however, the St. Louis Metropolitan Police Department, the City of St. Louis and the St. Louis Police Retirement System 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. 3522H.03C Bill No. HCS for HB 1481 Page 5 of February 27, 2024 NM:LR:OD FISCAL IMPACT – State GovernmentFY 2025 (10 Mo.) FY 2026FY 2027GENERAL REVENUECosts – AGO §§84.012, 84.020, 84.030, 84.100, 84.150, 84.160, 84.170, 84.225, 84.325 & 105.726 Personnel Service($320,833)($392,700)($400,554) Fringe Benefits($186,940)($227,313)($230,358) Expense & Equipment($64,415)($49,205)($50,189)Total Costs – AGO ($572,188)($669,218)($681,101)FTE Change5 FTE5 FTE5 FTECost Avoidance – OA (§105.726) Reduction in the amount of claims paid (twenty-one equal share basis compared to current law) $0 to Unknown $0 to Unknown $0 to Unknown Costs – Exposure to potential additional LEF claims by retaking control of SLPD $0 $0 to (Unknown) $0 to (Unknown) ESTIMATED NET EFFECT ON THE GENERAL REVENUE FUND (Less than $572,188) (Unknown, less than $669,218) (Unknown, less than $681,101) Estimated Net FTE Change on General Revenue5 FTE5 FTE5 FTE OTHER STATE FUNDSCost Avoidance – OA (§105.726) Reduction in the amount of claims paid (twenty-one equal share basis compared to current law) $0 to Unknown $0 to Unknown $0 to Unknown Costs – exposure to potential additional LEF claims by taking control of SLPD$0 $0 to (Unknown) $0 to (Unknown) L.R. No. 3522H.03C Bill No. HCS for HB 1481 Page 6 of February 27, 2024 NM:LR:OD FISCAL IMPACT – State GovernmentFY 2025 (10 Mo.) FY 2026FY 2027ESTIMATED NET EFFECT ON OTHER STATE FUNDS $0 to Unknown (Unknown) to Unknown (Unknown) to Unknown LEGAL EXPENSE FUND (0692)Transfer In - for possible additional LEF claims $0$0 to Unknown $0 to Unknown Cost Avoidance – OA (§105.726) Reduction in the amount of claims paid (twenty-one equal share basis compared to current law) $0 $0 to Unknown $0 to Unknown Costs – exposure to potential additional LEF claims by taking control of SLPD$0 $0 to (Unknown) $0 to (Unknown) Loss - (§105.726) Reduction in the amount of funds received by the LEF from other state funds $0 $0 to (Unknown) $0 to (Unknown) ESTIMATED NET EFFECT ON THE LEGAL EXPENSE FUND$0$0$0 FISCAL IMPACT – Local GovernmentFY 2025 (10 Mo.) FY 2026FY 2027ST. LOUIS CITYCost Avoidance – (§105.726) If the state assumes responsibility of LEF claims – instead of St. Louis $0$0 to Unknown $0 to Unknown Cost – (§105.726) Reduction in the amount of claims paid (twenty-one equal share basis compared to current law) $0 to (Unknown) $0 to (Unknown) $0 to (Unknown) ESTIMATED NET EFFECT ON ST. LOUIS CITY $0 to (Unknown) (Unknown) to Unknown (Unknown) to Unknown L.R. No. 3522H.03C Bill No. HCS for HB 1481 Page 7 of February 27, 2024 NM:LR:OD FISCAL IMPACT – Small Business No direct fiscal impact to small businesses would be expected as a result of this proposal. FISCAL DESCRIPTION This bill specifies that, when the city of St. Louis passes ordinances, no ordinance can in any manner conflict or interfere with the powers of the Board of Police Commissioners. Additionally, the mayor or any city officer shall not impede or hinder the Board of Police Commissioners. Any such person who forcibly resists or obstructs the execution or enforcement of provisions related to the Board will be subject to a penalty of $1,000 for each offense and will be forever thereafter disqualified from holding or exercising any office or employment under the mayor or common council or municipal assembly of the city. On August 28, 2024, the Board shall assume control of the municipal police department of St. Louis and, no later than September 28, 2024, the Governor must appoint to the Board four commissioners. The Board must initially employ, without reduction in rank, salary, or benefits, all commissioned and civilian personnel of the municipal police department. The Board is required to appoint and employ a permanent police force consisting of not less than 1,313 patrolmen. The Board may continue to employ as many noncommissioned police civilians as it deems necessary in order to perform the duties imposed on them, which will include city marshals and park rangers. The Board will grant every member of the police force a certain number of paid vacation days based on how long each member has served as provided in the bill. The bill specifies that the maximum number of officers of varying ranks the police force can have. The salaries paid as of August 28, 2024, shall not be less than the annual salaries paid to each member before the enactment of this bill. No additional compensation will be given to any officer of the rank of lieutenant or above for overtime, court time, or stand-by court time. Probationary patrolmen, patrolmen, and sergeants must receive compensation for all hours of service in excess of the established regular working period, for all authorized overtime, and for employees who complete academic work at an accredited college or university up to a certain amount as provided in the bill. Additionally, certain officers may receive up to 10% of their salary in additional compensation for hours worked between 11 p.m. and 7 a.m. Such officers may currently receive up to 5% of their salary as additional compensation. This bill provides that, until the Board adopts other investigative and disciplinary procedures, the police force shall follow the disciplinary and investigative procedures established by the Police Manual of the St. Louis Metropolitan Police Department that are consistent with law. The Board will not adopt any disciplinary procedures that do not include the summary hearing Board procedures provided for currently in the Police Manual. This bill provides that reimbursements from the Legal Expense Fund to the Board for liability claims must be on a 21 equal share basis per claim up to a maximum of $1 million per fiscal year. L.R. No. 3522H.03C Bill No. HCS for HB 1481 Page 8 of February 27, 2024 NM:LR:OD 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 Office of Administration Budget and Planning Office of the Commissioner Department of Natural Resources Department of Labor and Industrial Relations Department of Public Safety - Office of the Director Joint Committee on Administrative Rules Office of the Secretary of State Julie MorffRoss StropeDirectorAssistant DirectorFebruary 27, 2024February 27, 2024