COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION


FISCAL NOTE

 

L.R. No.:        4379-03

Bill No.:          Truly Agreed To and Finally Passed SCS for SJR 27

Subject:          Criminal Procedure; Constitutional Amendments; Law Enforcement Officers and Agencies

Type:              Original

Date:               June 2, 2014




 

Bill Summary:            Provides that the people shall be secure in their electronic communications and data. 


FISCAL SUMMARY


ESTIMATED NET EFFECT ON GENERAL REVENUE FUND

FUND AFFECTED

FY 2015

FY 2016

FY 2017

General Revenue

$0 or (More than $7,100,000)

$0

$0

Total Estimated

Net Effect on

General Revenue

Fund

$0 or (More than $7,100,000)

$0

$0


ESTIMATED NET EFFECT ON OTHER STATE FUNDS

FUND AFFECTED

FY 2015

FY 2016

FY 2017

 

 

 

 

 

 

 

 

Total Estimated

Net Effect on Other

State Funds

$0

$0

$0

Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 6 pages





ESTIMATED NET EFFECT ON FEDERAL FUNDS

FUND AFFECTED

FY 2015

FY 2016

FY 2017

 

 

 

 

 

 

 

 

Total Estimated

Net Effect on All

Federal Funds

$0

$0

$0



ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)

FUND AFFECTED

FY 2015

FY 2016

FY 2017

 

 

 

 

 

 

 

 

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 2015

FY 2016

FY 2017

Local Government*

$0

$0

$0

* Expenses and reimbursement of approximately $7.1 million if a special election is called for by the Governor.







FISCAL ANALYSIS


ASSUMPTION


Officials from the Office of the State Courts Administrator, the Department of Public Safety - Missouri Highway Patrol, and the Springfield Police Department each assume the proposal would not fiscally impact their respective agencies


Previously, officials at the Office of Secretary of State (SOS) assumed each year, a number of joint resolutions that would refer to a vote of the people a constitutional amendment and bills that would refer to a vote of the people the statutory issue in the legislation may be considered by the General Assembly.


Unless a special election is called for the purpose, Joint Resolutions proposing a constitutional amendment are submitted to a vote of the people at the next general election. Article XII section 2(b) of the Missouri Constitution authorizes the governor to order a special election for constitutional amendments referred to the people. If a special election is called to submit a Joint Resolution to a vote of the people, subsection 115.063.2, RSMo, requires the state to pay the costs. The cost of the special election has been estimated to be $7.1 million based on the cost of the 2012 Presidential Preference Primary. This figure was determined through analyzing and totaling expense reports from the 2012 Presidential Preference Primary received from local election authorities.


The Secretary of State's Office 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 sections 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 2013, at the August and November elections, there were 5 statewide Constitutional Amendments or ballot propositions that cost $2.17 million to publish (an average of $434,000 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.



ASSUMPTION (continued)


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 2015. This reflects the decision made by the Joint Committee on Legislative Research, that

the potential cost of elections should be reflected in the fiscal note. The next scheduled general election is in November 2014 (FY 2015). 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. Therefore, Oversight will reflect a potential election cost reimbursement to local political subdivisions in FY 2015.


Officials from the Attorney General’s Office assume that any potential costs could be absorbed with existing resources.


In response to a previous version of the proposal, officials from the Boone County Sheriff's Department assumed no fiscal impact from the proposal




FISCAL IMPACT - State Government

FY 2015

FY 2016

FY 2017

GENERAL REVENUE

 

 

 

 

 

 

 

Expense - reimbursement of local political subdivisions for special election costs if called for by the Governor

$0 or (More than $7,100,000)

 


$0


$0

 

 

 

 

ESTIMATED NET EFFECT TO THE GENERAL REVENUE FUND

$0 or (More than $7,100,000)



$0



$0

 

 

 

 

 








FISCAL IMPACT - Local Government

FY 2015

 

FY 2016

FY 2017

LOCAL POLITICAL SUBDIVISIONS

 

 

 

 

 

 

 

Income - cost reimbursement from the State for special election

$0 or More than $7,100,000


$0


$0

 

 

 

 

Expense - cost for special election

$0 or (More than $7,100,000)


$0


$0

 

 

 

 

ESTIMATED NET EFFECT TO LOCAL POLITICAL SUBDIVISIONS


$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


This proposed constitutional amendment, if approved by the voters, provides that a person's electronic communication and data are protected from unreasonable searches and seizures performed by the government. The amendment specifies that prior to issuance, a warrant must describe the data or communication to be accessed and be supported by probable cause.


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 Secretary of State

Office of the State Courts Administrator

Department of Public Safety

Attorney General’s Office

Boone County Sheriff's Department

Springfield Police Department

                                                                                                



                                                                                                Mickey Wilson, CPA

                                                                                                Director

                                                                                                June 2, 2014





                                                                                                Ross Strope

                                                                                                Assistant Director

                                                                                                June 2, 2014