COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION


FISCAL NOTE


L.R. No.:         0416-02

Bill No.:          Perfected HCS for HJR 1

Subject:           Constitutional Amendments; Courts

Type:              Original

Date:               February 20, 2007





 

Bill Summary:            The proposed constitutional amendment, upon voter approval, restricts state court jurisdiction in the areas of taxing, spending, and budgeting.



FISCAL SUMMARY


ESTIMATED NET EFFECT ON GENERAL REVENUE FUND

FUND AFFECTED

FY 2008

FY 2009

FY 2010

General Revenue

(Less than $100,000)

(Less than $100,000)

(Less than $100,000)

 

 

 

 

Total Estimated

Net Effect on

General Revenue

Fund

(Less than $100,000)

(Less than $100,000)

(Less than $100,000)



ESTIMATED NET EFFECT ON OTHER STATE FUNDS

FUND AFFECTED

FY 2008

FY 2009

FY 2010

  

 

 

 

 

 

 

 

Total Estimated

Net Effect on Other

State Funds

$0

$0

$0


Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 5 pages.




ESTIMATED NET EFFECT ON FEDERAL FUNDS

FUND AFFECTED

FY 2008

FY 2009

FY 2010

 

 

 

 

 

 

 

 

Total Estimated

Net Effect on All

Federal Funds

$0

$0

$0



ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)

FUND AFFECTED

FY 2008

FY 2009

FY 2010

 

 

 

 

 

 

 

 

Total Estimated

Net Effect on

FTE

0

0

0


Estimated Total Net Effect on All funds expected to exceed $100,000 savings or (cost).


Estimated Net Effect on General Revenue Fund expected to exceed $100,000 (cost).


ESTIMATED NET EFFECT ON LOCAL FUNDS

FUND AFFECTED

FY 2008

FY 2009

FY 2010

Local Government

$0

$0

$0







FISCAL ANALYSIS


ASSUMPTION


Officials from the Department of Revenue and the State Auditor’s Office assume the proposal would have no fiscal impact on their agencies.


Officials from the Office of the Governor did not respond to Oversight’s request for fiscal impact. However, in response to a previous version of the proposal (HJR 1, LR # 0416-01), officials assumed assume the proposal would have no fiscal impact on their agency.


Officials from the Office of State Courts Administrator (CTS) assume there may be a cost relating to this legislation, but CTS cannot quantify that cost at this time. The amendment may cause aggrieved parties to file their cases in federal court.


Oversight assumes any costs to Office of State Courts Administrator would be less than $100,000 per fiscal year.


Officials from the Office of the Secretary of State (SOS) assume many joint resolutions are considered by the General Assembly that would require the SOS to pay for publishing in local newspapers the full text of each statewide ballot measure as directed by Article XII, Section 2(b) of the Missouri Constitution and Sections 116.230-116.290, RSMo. The SOS is provided with core funding to handle a certain amount of normal activity resulting from each year’s legislative session. Funding for this item is adjusted each year depending upon the election cycle with $1.6 million historically appropriated in even numbered fiscal years and $100,000 appropriated in odd numbered fiscal years to meet these requirements. The appropriation has historically been an estimated appropriation because the final cost is dependent upon the number of ballot measures approved by the General Assembly and the initiative petitions certified for the ballot. In FY 2006 at the August and November elections there were 6 statewide Constitutional Amendments or ballot propositions that cost $1 million to publish (an average of $167,000 per issue). Therefore, the SOS assumes, for the purposes of this fiscal note, that it should have the full appropriation authority it needs to meet the publishing requirements.



FISCAL IMPACT - State Government

FY 2008

(10 Mo.)

FY 2009

FY 2010

GENERAL REVENUE FUND

 

 

 

 

 

 

 

Costs – Office of State Courts Administrator

 

 

 

     Increased suits

(Less than $100,000)

(Less than $100,000)

(Less than $100,000)

 

 

 

 

ESTIMATED NET EFFECT ON GENERAL REVENUE FUND


(Less than $100,000)


(Less than $100,000)


(Less than $100,000)



FISCAL IMPACT - Local Government

FY 2008

(10 Mo.)

FY 2009

FY 2010

 

 

 

 

 

$0

$0

$0



FISCAL IMPACT - Small Business


No direct fiscal impact to small businesses would be expected as a result of this proposal.



FISCAL DESCRIPTION


The proposed constitutional amendment prohibits, upon voter approval, the Missouri Supreme Court or any inferior court of the state from instructing or ordering the state, county, city, or any political subdivision to levy or increase taxes. The proposal also prohibits any Missouri court from instructing or ordering the state, county, city, or any political subdivision on how to spend, allocate, or budget fiscal resources in a manner inconsistent with duly enacted and effective legislation.


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


Office of the Governor

Office of State Courts Administrator

Department of Revenue

State Auditor’s Office

Office of the Secretary of State

 





                                                                                                Mickey Wilson, CPA

                                                                                                Director

                                                                                                February 20, 2007