This Fiscal Note is not an official copy and should not be quoted or cited.
This Fiscal Note is not an official copy and should not be quoted or cited.
Fiscal Note - SB 0908 - Administrative proceedings to remedy detrimental reliance
COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. NO. 3591-03
BILL NO. HCS for SB 908
SUBJECT: Administrative Law and Rules: State Departments
TYPE: Original
DATE: April 23, 1998
FISCAL SUMMARY
|
ESTIMATED NET EFFECT ON STATE FUNDS | |||
| FUND AFFECTED | FY 1999 | FY 2000 | FY 2001 |
| General Revenue | $0 | ($49,341) | ($46,566) |
| Total Estimated
Net Effect on All State Funds |
$0 | ($49,341) | ($46,566) |
|
ESTIMATED NET EFFECT ON FEDERAL FUNDS | |||
| FUND AFFECTED | FY 1999 | FY 2000 | FY 2001 |
| Total Estimated
Net Effect on All Federal Funds |
$0 | $0 | $0 |
|
ESTIMATED NET EFFECT ON LOCAL FUNDS | |||
| FUND AFFECTED | FY 1999 | FY 2000 | FY 2001 |
| Local Government | $0 | $0 | $0 |
Numbers within parentheses: ( ) indicate costs or losses
This fiscal note contains 4 pages.
FISCAL ANALYSIS
ASSUMPTION
Officials of the following agencies/offices/commissions stated that either they would not be have any new duties due to this bill or that they could absorb costs of new duties:
Conservation, Health, Elementary and Secondary Education, Higher Education, Transportation, Mental Health, Tax Commission, Health, Economic Development, and Missouri Consolidated Health Care Plan.
Officials of the following agencies/offices/commissions stated that they are uncertain as to the impact of this proposal: Administration, Natural Resources, Insurance, Labor and Industrial Relations, Agriculture, Public Safety, Revenue, Social Services and Corrections.
Oversight assumes that the agencies would request additional resources if and when the number and complexity of hearings caused by this proposal require them.
Officials of the Department of Revenue would request an Assistant Counsel in anticipation of additional hearings which would result from this proposal. They would request additional resources, as needed, through the budget process.
Oversight assumes that since the proposal would apply only to agency interpretations relied upon after January 1, 1999, the Counsel would be needed beginning in FY 2000. Oversight also assumes the Counsel would work in existing agency space.
| FISCAL IMPACT - State Government | FY 1999 | FY 2000 | FY 2001 |
| (10 Mo.) | |||
| GENRERAL REVENUE | |||
| Cost - Department of Revenue (DOR) | |||
| Personal Service (1 FTE) | $0 | $35,153 | $36,032 |
| Fringe Benefits | 0 | 9,843 | 10,089 |
| Expense and Equipment | 0 | 4,345 | 445 |
| Administrative Cost to DOR | $0 | ($49,341) | ($46,566) |
| NET EFFECT ON GENERAL | |||
| REVENUE FUND | $0 | ($49,341) | ($46,566) |
| FISCAL IMPACT - Local Government | FY 1999 | FY 2000 | FY 2001 |
| (10 Mo.) | |||
| 0 | 0 | 0 | |
| FISCAL IMPACT - Small Business | |||
Small businesses which have relied on written interpretations of state agencies could be affected by this proposal.
DESCRIPTION
This proposal would establish administrative hearings for entities which rely in good faith on executive branch agency written interpretations of statute or constitution and which claim to be adversely affected by a retroactive application of a changed or new interpretation of statute or constitution.
Agencies would, upon a finding of detrimental reliance, apply new or changed decisions or interpretations prospectively only and not apply new or changed interpretations retroactively concerning activities of entities which relied in good faith on past interpretations.
Agencies would also, upon request of affected entities, take actions which agencies would have taken or granted in the absence of new or changed interpretations of law or constitution.
This proposal would apply to all agency interpretations reasonably relied on by non-government entities on and after January 1, 1999.
This legislation is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space. This legislation would not affect Total State Revenue.
SOURCES OF INFORMATION
Office of Administration
Department of Agriculture
Department of Conservation
Department of Corrections
Department of Economic Development
Department of Health
SOURCES OF INFORMATION (continued)
Department of Transportation
Department of Insurance
Department of Labor and Industrial Relations
Department of Mental Health
Department of Natural Resources
Department of Public Safety
Department of Revenue
Department of Social Services
State Tax Commission
Missouri Consolidated Health Care Plan
Jeanne Jarrett, CPA
Director
April 23, 1998