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 |
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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 |
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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 |
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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 |
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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