COMMITTEE ON LEGISLATIVE RESEARCH OVERSIGHT DIVISION FISCAL NOTE L.R. No.:3439S.01I Bill No.:SB 900 Subject:Prisons and Jails; Counties; County Officials; County Government; Political Subdivisions; Taxation and Revenue - Sales and Use Type:Original Date:January 19, 2024Bill Summary:This proposal modifies provisions relating to Regional Jail Districts. FISCAL SUMMARY ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTED FY 2025FY 2026FY 2027Fully Implemented (FY 2029) General Revenue $0 or Unknown, could exceed $2,294 $0 or Unknown, could exceed $13,761 $0 or Unknown, could exceed $13,761 $0 or Unknown, could exceed $13,761 Total Estimated Net Effect on General Revenue $0 or Unknown, could exceed $2,294 $0 or Unknown, could exceed $13,761 $0 or Unknown, could exceed $13,761 $0 or Unknown, could exceed $13,761 ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTED FY 2025FY 2026FY 2027Fully Implemented (FY 2029) Total Estimated Net Effect on Other State Funds $0$0$0$0 Numbers within parentheses: () indicate costs or losses. L.R. No. 3439S.01I Bill No. SB 900 Page 2 of January 19, 2024 NM:LR:OD ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND AFFECTED FY 2025FY 2026FY 2027Fully Implemented (FY 2029) Total Estimated Net Effect on All Federal Funds $0$0$0$0 ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND AFFECTED FY 2025FY 2026FY 2027Fully Implemented (FY 2029) Total Estimated Net Effect on FTE 000$0 ☐ 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 AFFECTED FY 2025FY 2026FY 2027Fully Implemented (FY 2029) Local Government $0 or Unknown, could exceed $229,347 $0 or Unknown, could exceed $1,376,084 $0 or Unknown, could exceed $1,376,084 $0 or Unknown, could exceed $1,376,084 L.R. No. 3439S.01I Bill No. SB 900 Page 3 of January 19, 2024 NM:LR:OD FISCAL ANALYSIS ASSUMPTION §§221.400, 221.402, 221.405, 221.407 & 221.410 – Regional Jail Districts Officials from the Department of Revenue (DOR) notes that the Daviess/DeKalb Regional Jail District is the only one formed under §221.400. It currently assesses a 1/2% sales tax. For FY 22, they collected $1,376,084.38. DOR is unaware if any of the surrounding counties are wishing to join this district. DOR assumes that once a new county would pass the sales tax and adopt the required ordinance, they would notify DOR and DOR would get the new county set up. This would require DOR to update its distribution program estimated to cost $1,785 at the time that DOR is notified. Oversight assumes this proposal changes the sales tax percentage to up to 1%. Since the current Daviess/DeKalb Regional Jail District collects ½% in sales tax revenue, it is possible that the county commission could add the question to increase the sales tax rate to the November 2024 ballot. Oversight is also unaware of any surrounding counties who may want to join the current district. However, should a surrounding county get voter approval and approve an ordinance to join the district, additional revenues could be generated for the Regional Jail District. Oversight notes that not only is there an emergency clause for this proposal, but the current expiration date of September 30, 2028 is being removed from this proposal. Oversight assumes should the proposal pass, the current collection of sales tax for the Regional Jail District will continue into FY29 and beyond. Oversight also assumes if an additional sales tax is passed by the voters, the 1 st day it would be effective would be April of 2025, assuming it is on the ballot November of 2024, and the collection of sales tax would be in May of 2025. Therefore, Oversight will reflect a $0 (no additional increase to sales tax approved by voters) or estimated revenues received (if approved by the voters) by the Regional Jail District to be unknown that could exceed the current DOR amount, as well as, a 1% administration fee collected by DOR. Officials from the Office of Administration - Budget and Planning (B&P) defer to the counties within the regional jail districts for the fiscal impact. DOR’s retained collection fee will increase TSR because DOR will be able to collect its 1% administration fee for handling the collection of the sales taxes from this proposal. The proposal also includes an emergency clause. Officials from the Department of Corrections, the Department of Public Safety (Office of the Director & Missouri Highway Patrol), the City of Kansas City, the Jackson County Board of Elections, the Platte County Board of Elections, the St. Louis City Board of Elections and the St. Louis County Board of Elections 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. 3439S.01I Bill No. SB 900 Page 4 of January 19, 2024 NM:LR:OD In response to similar legislation from this year, HB 1612, officials from the Office of the State Courts Administrator Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal note. 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, local election authorities and counties 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. FISCAL IMPACT – State Government FY 2025 (2 Mo.) FY 2026FY 2027Fully Implemented (FY 2029) GENERAL REVENUERevenues – DOR – 1% administration fee on sales tax collection §§221.400, 221.402, 221.405, 221.407 & 221.410 $0 or Unknown, could exceed $2,294 $0 or Unknown, could exceed $13,761 $0 or Unknown, could exceed $13,761 $0 or Unknown, could exceed $13,761ESTMATED NET EFFECT ON GENERAL REVENUE $0 or Unknown, could exceed $2,294 $0 or Unknown, could exceed $13,761 $0 or Unknown, could exceed $13,761 $0 or Unknown, could exceed $13,761 L.R. No. 3439S.01I Bill No. SB 900 Page 5 of January 19, 2024 NM:LR:OD FISCAL IMPACT – Local Government FY 2025 (2 Mo.) FY 2026FY 2027Fully Implemented (FY 2029) REGIONAL JAIL DISTRICT(S) Revenue – additional sales taxes received if approved by voters §§221.400, 221.402, 221.405, 221.407 & 221.410 $0 or Unknown, could exceed $229,347 $0 or Unknown, could exceed $1,376,084 $0 or Unknown, could exceed $1,376,084 $0 or Unknown, could exceed $1,376,084 ESTIMATED NET EFFECT ON REGIONAL JAIL DISTRICT(S) $0 or Unknown, could exceed $229,347 $0 or Unknown, could exceed $1,376,084 $0 or Unknown, could exceed $1,376,084 $0 or Unknown, could exceed $1,376,084 FISCAL IMPACT – Small Business No direct fiscal impact to small businesses would be expected as a result of this proposal. FISCAL DESCRIPTION Under current law, any two or more contiguous counties may establish a regional jail district. This act provides that if an existing regional jail district already levies a sales tax and another county joins the district, the joinder will not be effective until the voters of the county have approved the sales tax. If the voters do not approve the sales tax, the county attempting to join the district shall not be permitted to join. This act also adds that a district may equip and maintain jail facilities, as well as lease its properties. The regional jail commission shall have the power to acquire, construct, repair, alter, improve, and extend a regional jail and it may contract with governmental or private entities. Commissioners shall also serve until their successors have assumed office. Under current law, any regional jail district may impose a one-eighth, one-fourth, three-eighths, or one-half of one percent sales tax. This act changes the amount to up to one percent. This act also repeals the provision that such sales tax may be used for court facilities in the regional jail district. This act also provides that expenditures paid for by the regional jail district sales tax trust fund may be made for any of the district's authorized purposes. L.R. No. 3439S.01I Bill No. SB 900 Page 6 of January 19, 2024 NM:LR:OD This act repeals the sunset provision. This part of the proposal has an emergency clause. 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 Revenue Office of Administration - Budget and Planning Department of Corrections Department of Public Safety Office of the Director Missouri Highway Patrol City of Kansas City Jackson County Board of Elections Platte County Board of Elections St. Louis City Board of Elections St. Louis County Board of Elections Office of the State Courts Administrator Office of the Secretary of State Julie MorffRoss StropeDirectorAssistant DirectorJanuary 19, 2024January 19, 2024