COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:3637H.01I Bill No.:HB 1763 Subject:Attorneys; Governor and Lt. Governor; General Assembly; Attorney General Type:Original Date:February 25, 2024Bill Summary:This proposal establishes provisions relating to prosecuting and circuit
attorneys.
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2025FY 2026FY 2027
General Revenue*
$0 or
($3,254,417)
$0 or
($3,787,216)
$0 or
($3,853,499)
Total Estimated Net
Effect on General
Revenue
$0 or
($3,254,417)
$0 or
($3,787,216)
$0 or
($3,853,499)
*The proposal allows (may) the Governor to “appoint qualified special prosecutors with
concurrent authority to prosecute offenses or cases designated by the Governor in that county or
municipality.” Oversight has reflected a cost to the Attorney General’s Office as “$0” (no such
action is taken) to the cost of an additional 31.5 FTE.
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. 3637H.01I
Bill No. HB 1763
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February 25, 2024
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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 Revenue
(AGO) – if enacted by
the Governor0 or 31.5 FTE0 or 31.5 FTE0 or 31.5 FTE
Total Estimated Net
Effect on FTE0 or 31.5 FTE0 or 31.5 FTE0 or 31.5 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. 3637H.01I
Bill No. HB 1763
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February 25, 2024
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FISCAL ANALYSIS
ASSUMPTION
Officials from the Attorney General’s Office (AGO)
27.110 would be a yearly requirement to compile a statewide report based on information
submitted by each prosecuting or circuit attorney and would require .5 FTE in clerical support.
The AGO also assumes that if the Governor were to exercise discretion to appoint special
prosecutors, such prosecutors would be employed and compensated by the AGO. The AGO
further assumes the need for 15 special prosecutors, 1 chief prosecutor, and 15 support staff. The
AGO assumes that if prosecutorial discretion were to be exercised under section 56.933 there
would be a need for 15 special prosecutors, 1 chief prosecutor, and 15 support staff.
The AGO further assumes that either section 56.930 or section 56.933 would apply in a
particular instance; therefore, the required personnel is fungible (i.e., 15 special prosecutors, 1
chief prosecutor, and 15 support staff total for sections 56.933 and 56.930).
Oversight notes the proposal allows (may) the Office of the Governor to “appoint qualified
special prosecutors with concurrent authority to prosecute offenses or cases designated by the
Governor in that county or municipality.” Oversight will reflect the fiscal impact of the bill as
“$0 or” the AGO’s estimates.
Officials from the Office of the Governor state this bill adds to the Governor’s current load of
appointment duties. Individually, additional requirements should not fiscally impact the Office of
the Governor. However, the cumulative impact of additional appointment duties across all
enacted legislation may require additional resources for the Office of the Governor.
Officials from the Missouri Office of Prosecution Services assume the proposal will not
fiscally impact their agency.
Officials from the City of St. Louis did not respond to our request for fiscal impact. L.R. No. 3637H.01I
Bill No. HB 1763
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FISCAL IMPACT – State GovernmentFY 2025
(10 Mo.)
FY 2026FY 2027GENERAL REVENUECosts - AGO$0 or….$0 or…$0 or… Personal Service (0 to 31.5 FTE)($1,768,750)($2,164,950)($2,208,249) Fringe Benefits($1,079,852)($1,312,276)($1,329,060) Expense and Equipment($405,815)($309,990)($316,190)Total Costs – AGO($3,254,417)($3,787,216)($3,853,499)FTE Change – AGO0 or 31.5 FTE0 or 31.5 FTE0 or 31.5 FTEESTIMATED NET EFFECT TO
THE GENERAL REVENUE FUND
$0 or
($3,254,417)
$0 or
($3,787,216)
$0 or
($3,853,499)
Estimated Net FTE Change on the
General Revenue Fund0 or 31.5 FTE0 or 31.5 FTE0 or 31.5 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.
FISCAL DESCRIPTION
This bill allows the Governor to appoint a special prosecutor if the Governor finds that the
prosecuting or circuit attorney in a county or municipality has failed to execute his or her
assigned duty or is unable to faithfully or competently execute such duties. The special
prosecutors will be employed by the Attorney General and will have concurrent jurisdiction to
prosecute offenses or cases designated by the Governor. The Governor may also suspend from
office any prosecuting or circuit attorney, or an assistant prosecuting attorney, for that attorney's
neglect or failure to perform the duties of that office. If the Governor suspends a prosecuting or
circuit attorney, the Governor will appoint an interim prosecuting or circuit attorney, who will
serve until the next regularly scheduled election. L.R. No. 3637H.01I
Bill No. HB 1763
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If a prosecuting or circuit attorney declines to file an indictment or information or fails to file an
indictment or information within 30 days after an arrest, or if the Attorney General finds that the
prosecuting or circuit attorney is not actively or properly investigating an offense, the Attorney
General may assume authority to investigate or prosecute an offense.
The Attorney General will also compile a statewide report that includes information provided by
each prosecuting or circuit attorney under this section, and the report will be available to the
public and will be sortable by offense and jurisdiction. The report will also be submitted to the
Governor, President Pro Tem of the Senate, and to the Speaker of the House of Representatives.
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 the Governor
Missouri Office of Prosecution Services
Julie MorffRoss StropeDirectorAssistant DirectorFebruary 25, 2024February 25, 2024