COMMITTEE ON LEGISLATIVE RESEARCH OVERSIGHT DIVISION FISCAL NOTE L.R. No.:5446H.01I Bill No.:HB 2631 Subject:Uniform Laws; Children and Minors; Family Law; Domestic Relations Type:Original Date:April 8, 2024Bill Summary:This proposal establishes the "Uniform Unregulated Child Custody Transfer 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. 5446H.01I Bill No. HB 2631 Page 2 of April 8, 2024 KP: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$0$0 L.R. No. 5446H.01I Bill No. HB 2631 Page 3 of April 8, 2024 KP:LR:OD FISCAL ANALYSIS ASSUMPTION §§453.700 - 453.742 - Uniform Unregulated Child Custody Transfer Act Officials from the Office of the State Public Defender (SPD) state per the recently released National Public Defense Workload Study, the new charge contemplated by this change to Section 453.710, which will impact SPD’s child clients, would take approximately fourteen hours of SPD work for reasonably effective representation. If one hundred cases were filed under this section in a fiscal year, representation would result in a need for an additional attorney. Because the number of cases that will be filed under this statute is unknown, the exact additional number of attorneys necessary is unknown. Each case would also result in unknown increased costs in the need for core staff, travel, and litigation expenses. However, if the charge was classified as a class D misdemeanor no jail time would be authorized and the cases would not qualify for SPD representation. Oversight assumes this proposal will create a minimal number of new cases and that the SPD can absorb the additional caseload required by this proposal with current staff and resources. Therefore, Oversight will reflect no fiscal impact to the SPD for fiscal note purposes. However, if multiple bills pass which require additional staffing and duties, the SPD may request funding through the appropriation process. Officials from the Missouri Office of Prosecution Services (MOPS) state no measurable fiscal impact to MOPS. The enactment of a new crime creates additional responsibilities for county prosecutors and the circuit attorney which may in turn result in additional costs which are difficult to determine. Oversight does not have any information to the contrary. Therefore, Oversight assumes MOPS will be able to perform any additional duties required by this proposal with current staff and resources and will reflect no fiscal impact to the MOPS for fiscal note purposes. Officials from the Department of Social Services, the Department of Commerce and Insurance, the Department of Labor and Industrial Relations, the Department of Mental Health, the Department of Public Safety, Missouri Highway PatrolOffice of Administration (OA), the OA, Administrative Hearing CommissionOffice of the State Courts AdministratorBranson Police Department, the Kansas City Police Department, the Phelps County Sheriff’s Department and the St. Louis County Police Department 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. L.R. No. 5446H.01I Bill No. HB 2631 Page 4 of April 8, 2024 KP:LR:OD Officials from the Attorney General’s Office did not respond to Oversight’s request for fiscal impact for this proposal. Oversight only reflects the responses that we have received from state agencies and political subdivisions; however, other sheriffs and police departments were requested to respond to this proposed legislation but did not. A general listing of political subdivisions included in our database is available upon request. Rule Promulgation Officials from the Joint Committee on Administrative Rules assume this proposal is not anticipated to cause a fiscal impact beyond its current appropriation. Officials from the Office of the Secretary of State notes many bills considered by the General Assembly include provisions allowing or requiring agencies to submit rules and regulations to implement the act. The Secretary of State's office 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 Secretary of State's office for Administrative Rules is less than $5,000. The Secretary of State's office recognizes that this is a small amount and does not expect that additional funding would be required to meet these costs. However, they also recognize 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 their office can sustain with their core budget. Therefore, they reserve 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. FISCAL IMPACT – State GovernmentFY 2025 (10 Mo.) FY 2026FY 2027$0$0$0FISCAL 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. 5446H.01I Bill No. HB 2631 Page 5 of April 8, 2024 KP:LR:OD FISCAL DESCRIPTION The proposed legislation appears to have no direct fiscal impact. 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 Administrative Hearing Commission Department of Commerce and Insurance Department of Mental Health Department of Labor and Industrial Relations Department of Public Safety - Missouri Highway Patrol Department of Social Services Joint Committee on Administrative Rules Missouri Office of Prosecution Services Office of Administration Office of the Secretary of State Office of the State Courts Administrator Office of the State Public Defender Phelps County Sheriff’s Department Branson Police Department Kansas City Police Department St. Louis County Police Department Julie MorffRoss StropeDirectorAssistant DirectorApril 8, 2024April 8, 2024