COMMITTEE ON LEGISLATIVE RESEARCH OVERSIGHT DIVISION FISCAL NOTE L.R. No.:4178H.01I Bill No.:HB 1769 Subject:Employees - Employers; Fire Protection; Labor and Management Type:Original Date:January 15, 2024Bill Summary:This proposal establishes the "Firefighters Procedural Bill of Rights Act". FISCAL SUMMARY ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2025FY 2026FY 2027Total Estimated Net Effect on General Revenue $0$0$0 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. 4178H.01I Bill No. HB 1769 Page 2 of January 15, 2024 BB: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 2027Total 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 2025FY 2026FY 2027Local Government$0 to (Unknown)$0 to (Unknown)$0 to (Unknown) L.R. No. 4178H.01I Bill No. HB 1769 Page 3 of January 15, 2024 BB:LR:OD FISCAL ANALYSIS ASSUMPTION Officials from the Department of Public Safety (Fire Safety and theand the Office of Administration each assume the proposal will have no fiscal impact on their respective organization. Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal note. Officials from the City of Kansas City assume the proposal, Section 320.528, would require the City to defend and indemnify a firefighter who has committed gross negligence, this could lead to the City being responsible for a judgment against such firefighter that it would not otherwise be liable for. Oversight notes the Kansas City Fire Department (KCFD), according to the latest provided KCFD statistics, had 1,260 firefighters responding to the various incidents from 2017-2021 as follow: Source: https://www.kcmo.gov/city-hall/departments/fire Oversight notes the proposal, Section 320.528 2. denotes: “It shall be a requirement that any employer shall provide legal defense for any firefighter who, while acting in the normal course of his or her duties, is named as a defendant in civil litigation relating to such duties.” Oversight notes it is unknown how many such lawsuits will be submitted in future; however, given the amount of calls and number of fire personnel serving each year, it is possible; the City of Kansas City would incur additional expenditure when defending their employees in various lawsuits. Therefore, Oversight will note unknown direct impact to the local political governments beginning FY 2025. L.R. No. 4178H.01I Bill No. HB 1769 Page 4 of January 15, 2024 BB:LR:OD FISCAL IMPACT – State GovernmentFY 2025 (10 Mo.) FY 2026FY 2027$0$0$0FISCAL IMPACT – Local GovernmentFY 2025 (10 Mo.) FY 2026FY 2027LOCAL POLITICAL SUBDIVISIONS Cost – 320.528. 2 providing defense in various lawsuits $0 to (Unknown) $0 to (Unknown) $0 to (Unknown) ESTIMATED NET EFFECT ON LOCAL POLITICAL SUBDIVISIONS $0 to (Unknown) $0 to (Unknown) $0 to (Unknown) FISCAL IMPACT – Small Business No direct fiscal impact to small businesses would be expected as a result of this proposal. FISCAL DESCRIPTION This bill establishes the "Firefighters Procedural Bill of Rights Act". 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 Public Safety – Fire Safety Department of Public Safety – Director’s Office Office of Administration City of Kansas City Julie MorffRoss StropeDirectorAssistant DirectorJanuary 15, 2024January 15, 2024