Fiscal Note - SB 0180 - Sets Time Limits For Initiation of Disciplinary Actions Undertaken Against Certain Professionals
L.R. NO. 0862-01
BILL NO. SB 180
SUBJECT: Licenses- Professional: Statute of Limitations
TYPE: Original
DATE: January 28, 1997
FISCAL SUMMARY
ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
General Revenue $0 $0 $0
PR Fees ($245,888) ($256,488) ($263,058)
Total Estimated
Net Effect on All
State Funds ($245,888) ($256,488) ($263,058)
ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
None $0 $0 $0
Total Estimated
Net Effect on All
Federal Funds $0 $0 $0
ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
Local Government $0 $0 $0
FISCAL ANALYSIS
ASSUMPTION
Officials from the Department of Economic Development (DED)-Professional
Registration (DPR) assume the proposed legislation would have no fiscal
impact on their agency, but could result in additional revenue transfers to
the Attorney General's office and the Administrative Hearing Commission.
Officials from the Office of the Attorney General (AGO) assume the proposed
legislation would require additional FTEs to expedite the current caseload of
300 pursuant to Section 9 and to insure all cases are disposed of within the
statute of limitation. AGO estimates there are approximately 300
disciplinary cases that have been referred and not filed as yet and AGO's
current staff level would allow them to dispose of 250 cases per year. The
average number of cases referred per year is 200; therefore, AGO could
dispose of 50 cases per year from the current backlog of 300. However, this
would take six years to accomplish and the proposal only allows two years.
Therefore, AGO would need two additional FTEs to eliminate the current
backlog of 300 cases within two years, as well as to assist in expediting
cases to prevent future backlogs. Each of these new staff could handle 50
cases per year and the current staff could handle 50 cases per year,
resulting in elimination of the 300 case backlog in two years. Additionally,
AGO has requested 4.5 FTE to accomplish continual expediting of cases to
prevent future backlogs. The AGO would need four Assistant Attorney General
I (4 FTE at $30,000 per year), one Paralegal (1 FTE at $19,500 per year) and
1.5 Legal Secretary (1.5 FTE at $18,000 per year). Oversight has made some
adjustments to expense and equipment based on OA guidelines. Oversight has
included costs associated with the AGO from the General Revenue Fund (GR)
with reimbursement to GR in the form of GR transfers from the PR Fees Fund.
Officials from the Office of Administration-Administrative Hearing Commission
(AHC) and the Office of State Courts Administrator (CTS) assume the proposed
legislation would have no fiscal impact on their agencies.
FISCAL IMPACT - State Government FY 1998 FY 1999 FY 2000
(10 Mo.)
GENERAL REVENUE FUND
Income-Office of the Attorney General (AGO)
GR Transfer from PR Fees Fund $245,888 $256,488 $263,058
Costs-AGO
Personal Service (6.5 FTE) ($142,162) ($174,929) ($179,302)
Fringe Benefits (40,559) (49,907) (51,155)
Expense and Equipment ($63,167) ($31,652) ($32,601)
Total Costs - AGO ($245,888) ($256,488) ($263,058)
ESTIMATED NET EFFECT TO
GENERAL REVENUE FUND ($0) ($0) ($0)
PR FEES FUND
Costs-Office of the Attorney General (AGO)
GR Transfers to AGO ($245,888) ($256,488) ($263,058)
Total Costs - AGO ($245,888) ($256,488) ($263,058)
ESTIMATED NET EFFECT TO
PR FEES FUND ($245,888) ($256,488) ($263,058)
FISCAL IMPACT - Local Government FY 1998 FY 1999 FY 2000
(10 Mo.)
$0 $0 $0
FISCAL IMPACT - Small Business
No fiscal impact to small businesses would be expected as a result of this
proposal.
DESCRIPTION
The proposed legislation would establish a statute of limitations regarding
disciplinary proceedings for professionals licensed by the State under
Chapters 326 to 346, RSMo. No action could be commenced against any licensee
five years after the act or omission leading to the filing of the complaint.
For purposes of this bill, an action would be commenced when an complaint
would be filed with the Administrative Hearing Commission, a court of this
state or the federal government. Exceptions are made for violations
involving fraud and sexual misconduct and violations involving a person under
the age of eighteen.
Actions currently pending with the Attorney General would be required to be
filed within two years of the effective date of this act.
This legislation is not federally mandated, would not duplicate any other
program and would not require additional capital improvements or rental
space.
This legislation could affect Total State Revenues.
SOURCES OF INFORMATION
Department of Economic Development-Professional Registration
Office of the Attorney General
Department of Administration-Administrative Hearing Commission
Office of State Courts Administrator
This Fiscal Note is not an official copy and should not be quoted or cited.