COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:4348H.01I Bill No.:HB 1720 Subject:Sunshine Law; Education, Elementary and Secondary Type:Original Date:January 15, 2024Bill Summary:This proposal modifies provisions of the sunshine law.
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2025FY 2026FY 2027General Revenue(Up to $428,961)(Up to $432,079)(Up to $439,218)Total Estimated Net
Effect on General
Revenue(Up to $428,961)(Up to $432,079)(Up to $439,218)
ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTEDFY 2025FY 2026FY 2027Total Estimated Net
Effect on Other State
Funds $0$0$0
Numbers within parentheses: () indicate costs or losses. L.R. No. 4348H.01I
Bill No. HB 1720
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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 RevenueUp to 5 FTEUp to 5 FTEUp to 5 FTETotal Estimated Net
Effect on FTEUp to 5 FTEUp to 5 FTEUp to 5 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 2027Local Government$0$0$0 L.R. No. 4348H.01I
Bill No. HB 1720
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FISCAL ANALYSIS
ASSUMPTION
§610.021 – Sunshine Law
Officials from the Office of Administration – Division of Purchasing (PURCH) assume the
following:
Without an exemption for state bid and contract records, the proposed legislation would cause
the PURCH to have to limit access to the division’s public bid and contract records in order to be
compliant with sub section (27). This would have a substantial negative impact to staff time in
the division resulting from needing to divert resources from conducting procurements for
customer agencies instead to reviewing the bid and contract documents before they are available
to the public in order not to violate the law. PURCH and state agency procurement officers
would have to make significant redactions to remove most names in each bid and proposal from
vendors before such records could be made public. The Office of Administration strongly
recommends the language in (27) should include an exemption from bid and contract records
similar to the exemption language added to section 105.1500.6, RSMo.
Officials from the Department of Health and Senior Services (DHSS) assume §610.021(27) of
the proposal requires that information not be released that “may be used to individually identify a
constituent of a public governmental body.” The section then defines a constituent as “any
person who is within the boundaries of the public governmental body, any person who owns real
property within the boundaries of the public governmental body, or any person who owns a
business interest in a business operating within the boundaries of the of the public governmental
body.” The DHSS is a public governmental body for the purposes of this rule. The DHSS
constituency is every Missouri resident, all of those who the DHSS regulate (including out-of-
state residents holding an interest in a DHSS licensed entity), and any person visiting the State of
Missouri. Because of some of the more controversial topics that DHSS handles (abortion,
vaccination, etc.), DHSS receives communications from a variety of people and those
communications are often responsive to broad sunshine requests. Arguably, most of the DHSS
employees are also constituents and communication between them and outside parties is also
responsive to sunshine requests. To comply with this policy, DHSS would first have to determine
if every person named in a record is a constituent and then do the additional redaction. The
additional workload would require one (1.00 FTE) Legal Counsel at an estimated annual salary
of $79,480. DHSS does not have the capacity to absorb the additional workload. DHSS also
assumes this proposal will require the staff member to be located in Jefferson City and have
additional office space at a cost of $4,140 ($18 * 230 sq. ft. * 1 FTE).
Officials from the Missouri Department of Agriculture (MDA)
require MDA to hire an additional person. All documents responsive to an open records request
would have to be combed for Personal Identifying Information by a staff member and that
information would have to be redacted. L.R. No. 4348H.01I
Bill No. HB 1720
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Oversight does not have information to the contrary and therefore, Oversight will reflect the
estimates as provided by the PURCH, DHSS and the MDA.
Officials from the Office of Administration - Administrative Hearing Commission and
Budget and PlanningDepartment of Commerce and InsuranceDepartment of
Economic DevelopmentDepartment of Elementary and Secondary Education, the
Department of Higher Education and Workforce Development, 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
Department of Public Safety (Division of Alcohol and Tobacco Control, Capitol Police, Fire
Safety, Office of the Director, Missouri Gaming Commission, Missouri Highway Patrol,
Missouri Veterans Commission, State Emergency Management Agency), the Department of
Social Services, the Office of the Governor, the Missouri Department of Conservation, the
Missouri Ethics Commission, the Missouri Department of Transportation, the Missouri
National Guard, the MoDOT & Patrol Employees’ Retirement System, the Petroleum
Storage Tank Insurance Fund, the Office of the State Public DefenderOffice of the
State Treasurer, the University of Missouri System, the City of Kansas City, the Office of
the State Auditor, the Missouri House of RepresentativesJoint Committee on
Administrative Rules, the Joint Committee on Education, the Joint Committee on Public
Employee Retirement, Legislative Research, the Oversight Division, the Missouri Senate,
the Missouri Lottery Commission, the Missouri Consolidated Health Care Plan, the
Missouri Higher Education Loan Authority, the Missouri Office of Prosecution Services,
the Missouri State Employee's Retirement System, the Office of the State Courts
Administrator and the State Tax Commission 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, other cities, counties and local school districts 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. 4348H.01I
Bill No. HB 1720
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FISCAL IMPACT – State GovernmentFY 2025
(10 Mo.)
FY 2026FY 2027GENERAL REVENUECosts – PURCH §610.021Up toUp toUp to Personnel Service($95,432)($116,809)($119,145) Fringe Benefits($74,537)($90,332)($91,237) Expense & Equipment($40,261)$0$0Total Costs - PURCH($210,229)($207,141)($210,382)FTE ChangeUp to 3 FTEUp to 3 FTEUp to 3 FTECosts – DHSS §610.021 Personnel Service($66,233)($81,070)($82,691) Fringe Benefits($38,188)($46,442)($47,070) Expense & Equipment($9,800)($5,582)($5,694)Total Costs - DHSS($114,221)($133,094)($135,455)FTE Change1 FTE1 FTE1 FTECosts – MDA §610.021 Personnel Service($50,546)($51,557)($52,588) Fringe Benefits($34,611)($35,002)($35,402) Expense & Equipment($19,354)($5,285)($5,391)Total Costs - MDA($104,511)($91,844)($93,381)FTE Change1 FTE1 FTE1 FTEESTIMATED NET EFFECT ON
GENERAL REVENUE
(Up to
$428,961)
(Up to
$432,079)
(Up to
$439,218)
Estimated Net FTE Change on General
RevenueUp to 5 FTEUp to 5 FTEUp to 5 FTE
FISCAL IMPACT – Local GovernmentFY 2025
(10 Mo.)
FY 2026FY 2027$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. 4348H.01I
Bill No. HB 1720
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FISCAL DESCRIPTION
This bill allows for the closure of certain records under the Sunshine law.
This bill authorizes a public governmental body to close records that contain individually
identifiable information, including email addresses and telephone numbers, submitted to the
body by individuals or entities for the sole purpose of receiving electronic or other
communications, as specified in the bill.
This bill also authorizes the closure of public records that may be used to individually identify a
constituent of the public body. The bill defines the term "constituent" to exclude a lobbyist or
lobbyist principal, a statewide elected official, or an elected official of a political subdivision, or
an employee of such elected official.
The bill authorizes the closing of records held by political subdivisions containing individually
identifiable information of a minor, or the minor's parent or legal guardian.
Further, any record may be closed that is retained in the office of a member of the General
Assembly, or employees of the General Assembly, that contain information regarding proposed
legislation or the legislative process. These authorizations to close records shall not apply if the
record has been offered in a public meeting of either house of the General Assembly or if the
record was addressed to, or from, a lobbyist or lobbyist principal.
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 Health and Senior Services
Missouri Department of Agriculture
Office of Administration
Administrative Hearing Commission
Budget and Planning
Division of Purchasing
Department of Commerce and Insurance
Department of Economic Development
Department of Elementary and Secondary Education
Department of Higher Education and Workforce Development
Department of Mental Health
Department of Natural Resources
Department of Corrections
Department of Labor and Industrial Relations
Department of Revenue
Department of Public Safety L.R. No. 4348H.01I
Bill No. HB 1720
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Department of Social Services
Office of the Governor
Missouri Department of Conservation
Missouri Ethics Commission
Missouri Department of Transportation
Missouri National Guard
MoDOT & Patrol Employees’ Retirement System
Petroleum Storage Tank Insurance Fund
Office of the State Public Defender
Office of the State Treasurer
University of Missouri System
City of Kansas City
Office of the State Auditor
Missouri House of Representatives
Joint Committee on Administrative Rules
Joint Committee on Education
Joint Committee on Public Employee Retirement
Legislative Research
Oversight Division
Missouri Senate
Missouri Lottery Commission
Missouri Consolidated Health Care Plan
Missouri Higher Education Loan Authority
Missouri Office of Prosecution Services
Missouri State Employee's Retirement System
Office of the State Courts Administrator
State Tax Commission
Julie MorffRoss StropeDirectorAssistant DirectorJanuary 15, 2024January 15, 2024