COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. No.:         5676-02

Bill No.:          SJR 49

Subject:           Health Care; Health, Public, Federal - State Relations; Insurance, Medical; Religion; Abortion

Type:              Original

Date:               February 17, 2012

Bill Summary:            This proposal prohibits laws interfering with religious beliefs.

FISCAL SUMMARY

Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 6 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 Missouri Consolidated Health Care Plan, Joint Committee on Administrative Rules, Department of Insurance, Financial Institutions and Professional Registration and Department of Health and Senior Services each assume the proposal will have no fiscal impact on their respective organizations.

Officials at the Office of the Secretary of State (SOS) assume unless a special election is called for the purpose, joint resolutions are submitted to a vote of the people at the next general election. If a special election is called to submit a joint resolution to a vote of the people, section 115.063.2 RSMo requires the state to pay the costs. Article III section 52(b) of the Missouri Constitution authorizes the General Assembly to order a special election for measures referred to the people and Article XII section 2(b) authorizes the Governor to call a special election to submit constitutional amendments to a vote of the people.

The SOS is required 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 Section 116.230-116.290, RSMo. The Secretary of State's office 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 $1.3 million historically appropriated in odd numbered fiscal years and $100,000 appropriated in even 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 2011, at the August and November elections, there were 6 statewide Constitutional Amendments or ballot propositions that cost $1.02 million to publish (an average of $170,000 per issue). Therefore, the Secretary of State's office assumes, for the purposes of this fiscal note, that it should have the full appropriation authority it needs to meet the publishing requirements. However, because these requirements are mandatory, we reserve the right to request funding to meet the cost of our publishing requirements if the Governor and the General Assembly change the amount or eliminate the estimated nature of our appropriation.

Oversight has reflected in this fiscal note, the state potentially reimbursing local political subdivisions the cost of having this joint resolution voted on during a special election in fiscal year 2013. This reflects the decision made by the Joint Committee on Legislative Research, that the cost of the elections should be shown in the fiscal note. The next scheduled general election is in November 2012 (FY 2013). It is assumed the subject within this proposal could be on that

ballot; however, it could also be on a special election called for by the Governor.

ASSUMPTION (continued)

Therefore, Oversight will reflect a potential election cost reimbursement to local political subdivisions in FY 2013.

To estimate the expense the state would incur for reimbursing local political subdivisions for a special election, Oversight requested expense estimates from all election authorities for an election. Eighty-six out of the one hundred fifteen election authorities responded to Oversight’s request. From these respondents; the total election expense that would have to be reimbursed by the state government is over $7 million. Therefore, Oversight will reflect a potential cost borne by the state in FY 2013 of over $7 million for reimbursement to the local political subdivisions. Oversight assumes the Governor could call for a special election to be held prior to November 2012 regarding this joint resolution; however, if a special election is not called, the subject will be voted on at the general election in November, 2012.

FISCAL IMPACT - Small Business

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

FISCAL DESCRIPTION

Upon voter approval, this constitutional amendment provides that no law, regulation or rule shall compel, directly or indirectly, any person, employer, health care provider, or entity to provide coverage for any of the following medical services, if such medical services are contrary to the moral, ethical or religious beliefs or tenets of such person, employer, health care provider, or entity:

(1) Abortion;

(2) Contraceptives, including but not limited to all contraceptives approved by the federal Food and Drug Administration, emergency contraceptives;

(3) Abortion-inducing drugs; and

(4) Sterilization procedures.

FISCAL DESCRIPTION (continued)

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 Secretary of State

Joint Committee on Administrative Rules

Department of Health and Senior Services

Department of Insurance, Financial Institutions and Professional Registration

Missouri Consolidated Health Care Plan

                                                                                                Mickey Wilson, CPA

                                                                                                Director

                                                                                                February 17, 2012