COMMITTEE ON LEGISLATIVE RESEARCH OVERSIGHT DIVISION FISCAL NOTE L.R. No.:0785H.01I Bill No.:HB 758 Subject:Employees - Employers; Labor and Management; Department of Labor and Industrial Relations; Salaries Type:Original Date:February 4, 2025Bill Summary:This proposal modifies provisions relating to employee compensation, repealing the minimum wage cost of living adjustment and modifying paid sick leave provisions. FISCAL SUMMARY ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2026FY 2027FY 2028General Revenue Fund*$0 to (Unknown)$0 to (Unknown)$0 to (Unknown) Total Estimated Net Effect on General Revenue$0 to (Unknown)$0 to (Unknown)$0 to (Unknown) *Oversight notes DOLIR assumes the proposal would potentially allow for an increase in minimum wage complaints necessitating additional regulatory auditors; however, DOLIR assumes the costs would be below the $250,000 threshold. ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTEDFY 2026FY 2027FY 2028Total Estimated Net Effect on Other State Funds $0$0$0 Numbers within parentheses: () indicate costs or losses. L.R. No. 0785H.01I Bill No. HB 758 Page 2 of February 4, 2025 BB:LR:OD ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND AFFECTEDFY 2026FY 2027FY 2028Total Estimated Net Effect on All Federal Funds $0$0$0 ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND AFFECTEDFY 2026FY 2027FY 2028General Revenue 0 to Unknown0 to Unknown0 to UnknownTotal Estimated Net Effect on FTE0 to Unknown0 to Unknown0 to Unknown *Oversight notes DOLIR assumes the proposal would potentially allow for an increase in minimum wage complaints necessitating additional regulatory auditors. ☐ 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 2026FY 2027FY 2028Local Government$0$0$0 L.R. No. 0785H.01I Bill No. HB 758 Page 3 of February 4, 2025 BB:LR:OD FISCAL ANALYSIS ASSUMPTION Officials from the Department of Labor and Industrial Relations (DOLIR) assume that public employers are covered by Missouri's minimum wage law. It is unknown how many disputes between public employers and their employees are not currently filed with the Division of Labor Standards. Depending upon the increased volume of complaints which would be investigated, the impact could be significant to the Wage and Hour Division. It is likely that additional regulatory auditors would be required to cover the additional caseload for the addition of Section 290.502.4 but as the additional volume is unknown but could be quite significant. Upon further inquiry, DOLIR notes the proposal increases the class of positions covered by minimum wage law by about 380,300 (according to MERIC’s most recent monthly CES statistics on the number of state and local government employees), that will result in a sizeable increase in the number of potential complaints received. However, as the bill increases the annual gross revenue exemption to $10 million, that’s going to also cut down the overall number of eligible employers by a good deal and mitigate that. DOLIR is not sure of how much money will be needed to comply with the requirements of the proposal, but DOLIR is reasonably confident it will be under $250,000. Oversight notes DOLIR assumes the proposal would potentially allow for an increase in minimum wage complaints necessitating additional regulatory auditors; however, DOLIR assumes the costs would be below $250,000 threshold. Oversight notes DOLIR assumes it will potentially require more regulatory auditors to handle the incoming volume of complaints related to the minimum wage proposal. Overnight is not sure how many employees in Missouri would be potentially excluded from the minimum wage law rule, under the proposal. Therefore, Oversight will range the unknown costs for DOLIR’s FTE from zero (there were not enough complaints to justify the additional FTE for the Wage and Hour Division) to unknown negative cost (there were enough complaints to the Wage and Hour Division to justify the increase in FTE costs). Officials from the Office of Administration (OA) assume the proposal will have no fiscal impact on their organization. Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal note for this agency. Officials from the Office of Attorney General (AGO) arising from this proposal can be absorbed with existing resources. The AGO may seek additional appropriations if the proposal results in a significant increase in litigation or investigation costs. L.R. No. 0785H.01I Bill No. HB 758 Page 4 of February 4, 2025 BB:LR:OD Oversight does not have any information to the contrary. Therefore, Oversight assumes the AGO 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 AGO for fiscal note purposes. Officials from the Department of Commerce and Insurance (DCI), the Department of Health and Senior Services, the Department of Mental Health, the Department of Corrections, the Office of the Governor, defer to the OA for the potential fiscal impact of this proposal. Officials from the Department of Economic DevelopmentDepartment of Elementary and Secondary Education, the Department of Higher Education and Workforce Development, the Department of Natural Resources, the Department of Revenue, the Department of Public Safety (Office of the Director Capitol Police, Alcohol & Tobacco Control, Fire Safety, Gaming Commission, Missouri Highway Patrol, State Emergency Management Agency and Veterans Commission), the Missouri National Guard, the Joint Committee on Administrative Rules, the Joint Committee on Public Employee Retirement, the Missouri Lottery Commission, the Missouri Consolidated Health Care Plan, the Missouri Department of Conservation, the Missouri Ethics Commission, the Missouri House of Representatives, the Department of Transportation, the - Administrative Hearing Commission, the Office of the State Courts Administrator, the Office of the State Auditor, the Missouri Senate, the Office of the Secretary of State the Office of the State Public Defender, the Office of the State Treasurer State Tax Commission each assume the proposal will have no fiscal impact on their respective organizations for this proposal. Officials from the Missouri University System, the Northwest Missouri State University the University of Central Missouri each assume the proposal will have no fiscal impact on their 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 (CKC) assume the proposal will have no fiscal impact on their organization. Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal note for CKC. Oversight notes that the above-mentioned agencies have stated the proposal would not have a direct fiscal impact on their organization. Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero impact on the fiscal note. L.R. No. 0785H.01I Bill No. HB 758 Page 5 of February 4, 2025 BB:LR:OD FISCAL IMPACT – State GovernmentFY 2026 (10 Mo.) FY 2027FY 2028GENERAL REVENUECosts – DOLIR – Additional FTE (Wage and Hour Regulatory Auditor) $0 to (Unknown) $0 to (Unknown) $0 to (Unknown) ESTIMATED NET EFFECT ON GENERAL REVENUE $0 to (Unknown) $0 to (Unknown) $0 to (Unknown) Estimated Net FTE Change on General Revenue0 to Uknown0 to Uknown0 to Uknown FISCAL IMPACT – Local GovernmentFY 2026 (10 Mo.) FY 2027FY 2028$0$0$0 FISCAL IMPACT – Small Business A direct fiscal impact to small businesses would be expected as a result as some Missouri businesses will have to comply with the proposal. FISCAL DESCRIPTION This bill repeals the current language relating to the increase or decrease of the minimum wage based upon the Consumer Price Index for Urban Wage Earners and Clerical Workers. Under this bill, the minimum wage required by Section 290.502, RSMo, will not apply to any employee who is under 20 years of age. This exemption from the minimum wage requirements applies only to employment compensation paid or accrued on or after the effective date of of this bill and does not apply retroactively. Employers who employ employees under the age of 20 years are required to comply with other applicable provisions of the Minimum Wage Law, sections 290.500 to 290.530. Beginning on the effective date of this bill, the minimum wage law will apply to public employers. L.R. No. 0785H.01I Bill No. HB 758 Page 6 of February 4, 2025 BB:LR:OD Currently, the definition of "employee" to whom the provisions of the paid sick leave provisions apply, exempts an individual employed by a retail or service business whose annual gross volume sales made are less than $500,000. This bill excludes retail or service business whose annual gross volume sales in the prior calendar year was less than $10 million. 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 Department of Commerce and Insurance Department of Economic Development Department of Elementary and Secondary Education Department of Higher Education and Workforce Development Department of Health and Senior Services Department of Mental Health Department of Natural Resources Department of Corrections Department of Labor and Industrial Relations Department of Revenue Department of Public Safety Office of the Director Division of Alcohol and Tobacco Control Capitol Police Fire Safety Missouri Gaming Commission Missouri Highway Patrol State Emergency Management Agency Missouri Veterans Commission Missouri National Guard Department of Social Services Office of the Governor Joint Committee on Public Employee Retirement Joint Committee on Administrative Rules Missouri Lottery Commission Legislative Research Oversight Division Missouri Consolidated Health Care Plan Missouri Department of Agriculture Missouri Department of Conservation Missouri Ethics Commission Missouri House of Representatives Office of the Lieutenant Governor L.R. No. 0785H.01I Bill No. HB 758 Page 7 of February 4, 2025 BB:LR:OD Missouri Department of Transportation Missouri State Employee's Retirement System MoDOT & Patrol Employees’ Retirement System Office of Administration Administrative Hearing Commission Facilities Management, Design and Construction Office of the State Courts Administrator Office of the State Auditor Missouri Senate Office of the Secretary of State Office of the State Public Defender Office of the State Treasurer State Tax Commission Missouri University System Northwest Missouri State University University of Central Missouri City of Kansas City Julie MorffJessica HarrisDirectorAssistant DirectorFebruary 4, 2025February 4, 2025