COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:0918S.01I Bill No.:SB 76 Subject:Civil Rights Type:Original Date:February 10, 2025Bill Summary:This proposal modifies provision relating to prohibited discriminatory
practices.
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)
**Depending upon future litigation resulting from the proposed changes, Oversight assumes the
fiscal impact to the state could potentially exceed the $250,000 threshold.
ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTEDFY 2026FY 2027FY 2028Various State Funds$0 to (Unknown)$0 to (Unknown)$0 to (Unknown)
Legal Expense Fund*$0$0$0
College and
Universities$0 to (Unknown)$0 to (Unknown)$0 to (Unknown)
Total Estimated Net
Effect on Other State
Funds$0 to (Unknown)$0 to (Unknown)$0 to (Unknown)
*Transfers-in and increased Payments net to zero.
**Depending upon future litigation(s), resulting from the proposed changes, Oversight assumes
the fiscal impact to the state could potentially exceed the $250,000 threshold.
Numbers within parentheses: () indicate costs or losses. L.R. No. 0918S.01I
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ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND AFFECTEDFY 2026FY 2027FY 2028
Federal Funds $0 to (Unknown)$0 to (Unknown)$0 to (Unknown)
Total Estimated Net
Effect on All Federal
Funds$0 to (Unknown)$0 to (Unknown)$0 to (Unknown)
ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND AFFECTEDFY 2026FY 2027FY 2028Total 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 2026FY 2027FY 2028
Local Government$0 to (Unknown)$0 to (Unknown)$0 to (Unknown) L.R. No. 0918S.01I
Bill No. SB 76
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FISCAL ANALYSIS
ASSUMPTION
§§213.010 – Civil Rights
Officials from the Attorney General’s Office did not respond to Oversight’s request for fiscal
impact for this proposal.
Oversight was unable to receive some of the agency responses in a timely manner. Oversight
has presented this fiscal note on the best current information that we have or on prior year
information regarding a similar bill. Upon the receipt of agency responses, Oversight will review
to determine if an updated fiscal note should be prepared and seek the necessary approval to
publish a new fiscal note.
Officials from the Office of Administration (OA) assumethis legislation has the potential to
increase costs to the state Legal Expense Fund (LEF) for actions alleging discrimination against
a state employee in connection with their official duties on behalf of the state. This change will
be subject to judicial construction; therefore, the cost impact to the state is unknown.
In response to a similar proposal, HB 2308 (2024), OA noted the state self-assumes its own
liability under the LEF, Section 105.711 RSMo. It is a self-funding mechanism whereby funds
are made available for the payment of any claim or judgment rendered against the state in regard
to the waivers of sovereign immunity or against employees and specified individuals.
Investigation, defense, negotiation or settlement of such claims is provided by the Office of the
Attorney General. Payment is made by the Commissioner of Administration with the approval of
the Attorney General.
Officials from the Department of Corrections (DOC) assume this proposed legislation
modifies provisions relating to prohibited discriminatory practices. Section 213.030 expands the
protected characteristics to included “sex”, the two categories of humans, male and female, as
those unlawful to discriminate against with regards to employment and housing.
The proposed legislation could expand the number of claims filed against the DOC. It is
unknown how many claims would be filed; therefore, the department is unable to project a fiscal
cost and assumes a ($0-Unknown) impact.
$250,000 Threshold:
In response to the similar proposal, SB 81 (2021), data provided by the Office of
Administration Risk and Management (OARM) assumed the average payment for
discrimination claims was approximately $292,500 (67 discriminations claims/$19.7 million in
discrimination claims paid by the LEF from FY 2015-2018 Data). If this proposal resulted in one
additional claim per year at a similar payout level, the cost for individual claim could exceed L.R. No. 0918S.01I
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$292,500 (counting for inflation cost since 2018) in each case of additional liability.
Furthermore, agencies are allowed to use various Federal and Other State Funds depending on
the specifics of each claim.
Oversight notes the cost of any potential liability would be entirely dependent on the number of
claims and circumstances of the claims filed; therefore, the cost is ultimately unknown.
Therefore, for purpose of this fiscal note, Oversight will range the cost to various state agencies
and local political subdivisions from $0 (does not increase costs) to unknown (does increase
costs related to sexual orientation and /or gender identity lawsuits/claims) to general revenue,
federal funds, other state funds, and local political subdivision funds in the fiscal note.
Officials from the Office of Administration - Administrative Hearing Commission, the
Department of Labor and Industrial Relations, the Missouri Department of
Transportation, the Department of Elementary and Secondary Education, the Department
of Mental Health, the Department of Social Services, the Department of Health and Senior
Services the Office of the State Public Defender 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 for above respective entities.
Officials from the Missouri University System, the Northwest Missouri State University
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 for the above respective colleges and universities.
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.
FISCAL IMPACT – State GovernmentFY 2026
(10 Mo.)
FY 2027FY 2028GENERAL REVENUECost - Potential increase in payments to
Legal Expense Fund for increase in
discrimination claims (p. 4)
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
ESTIMATED NET EFFECT TO
GENERAL REVENUE FUND
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown) L.R. No. 0918S.01I
Bill No. SB 76
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FISCAL IMPACT – State GovernmentFY 2026
(10 Mo.)
FY 2027FY 2028OTHER STATE FUNDSCost - Potential increase in payments to
Legal Expense Fund for increase in
discrimination claims (p.4)
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
ESTIMATED NET EFFECT TO
OTHER STATE FUNDS
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
FEDERAL FUNDSCost - Potential increase in payments to
Legal Expense Fund for increase in
discrimination claims (p.4)
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
ESTIMATED NET EFFECT TO
FEDERAL FUNDS
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
LEGAL EXPENSE FUND (0692)Transfer In - from GR, Federal, and
Other State Funds (Potential increase in
discrimination claims) (p.4)$0 to Unknown$0 to Unknown$0 to Unknown
Cost - payments for discrimination
claim (p.4)
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
ESTIMATED NET EFFECT TO
THE LEGAL EXPENSE FUND$0$0$0 L.R. No. 0918S.01I
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FISCAL IMPACT – Local GovernmentFY 2026
(10 Mo.)
FY 2027FY 2028LOCAL POLITICAL
SUBDIVISIONS
Cost - Potential increase in
discrimination claims (p.4)
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
ESTIMATED NET EFFECT TO
LOCAL POLITICAL
SUBDIVISIONS
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
FISCAL IMPACT – Small Business
Small businesses will be required to comply with the new and revised sections in employment
and public accommodation. If a small business fails to comply, they could be held liable for
those actions, incurring additional costs to defend against such discrimination claims.
FISCAL DESCRIPTION
Current law prohibits discrimination based on sex in various sectors, including housing,
employment, and public accommodations. This act creates a definition for the term "sex" to
mean the two categories of humans, male and female, into which individuals are divided based
on an individual's reproductive biology at birth and the individual's genome. The term "sex" shall
not be construed to include sexual orientation or gender identity.
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 Labor and Industrial Relations
Office of Administration
Office of Administration - Administrative Hearing Commission
Department of Labor and Industrial Relations
Department of Elementary and Secondary Education
Department of Social Services
Missouri Department of Transportation
Department of Mental Health
Department of Health and Senior Services
Office of the State Public Defender L.R. No. 0918S.01I
Bill No. SB 76
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Missouri University System
Northwest Missouri State University
University of Central Missouri
City of Kansas City
Julie MorffJessica HarrisDirectorAssistant DirectorFebruary 10, 2025February 10, 2025