COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. No.:         3886-01

Bill No.:          HB 1728

Subject:           State Attorney General; Courts; Liability

Type:              Original

Date:               March 18, 2008

Bill Summary:            The proposal changes the laws regarding strategic litigation against public participation (SLAPP).

FISCAL SUMMARY

Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 5 pages.

☐ 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).

FISCAL ANALYSIS

ASSUMPTION

Officials from the Office of Administration – Administrative Hearing Commission, Department of Labor and Industrial Relations, Department of Conservation, Missouri House of Representatives, and the Missouri Senate assume the proposal would have no fiscal impact on their agencies.

In response to a similar proposal from the 2007 session (HB 163, LR # 3045-01), officials from the City of Kansas City assumed the proposal would have no fiscal impact on their agency.

Officials from the Office of the Attorney General (AGO) assume costs can be absorbed within existing resources.

Officials from the Office of State Courts Administrator assume the proposed legislation would have no fiscal impact on the courts.

Officials from the Department of Transportation (MoDOT) assume Missouri courts generally follow the “American Rule” in which all parties are responsible for their own costs. This legislation proposes to implement the “English Rule,” which provides that the prevailing party be reimbursed for attorneys fees and costs. MoDOT is unable to estimate the number of cases that may fall under this provision. MoDOT assumes an unknown cost less than $100,000 to the Road Fund. 

Oversight assumes state agencies could experience increased costs or be reimbursed for attorneys fees and court costs, depending on whether or not they are the prevailing party. If state agencies experience increased costs, the funding could be addressed through the appropriations process.

Officials from the City of St. Louis, City of Springfield, Jackson County, St. Charles County, and Greene County did not respond to Oversight’s request for fiscal impact.

FISCAL IMPACT - Small Business

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

FISCAL DESCRIPTION

The proposed legislation appears to have no fiscal impact.

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 Attorney General

Office of Administration

            – Information Technology Services Division

            – Administrative Hearing Commission

Office of State Courts Administrator

Department of Transportation

Department of Labor and Industrial Relations

Department of Conservation

Missouri House of Representatives

Missouri Senate

City of Kansas City

NOT RESPONDING

City of Kansas City

City of St. Louis

City of Springfield

Jackson County

St. Charles County

Greene County

                                                                                                Mickey Wilson, CPA

                                                                                                Director

                                                                                                March 18, 2008