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 0093 - Attorney General may settle desegregation suit and must defend constitutionality of statutes
COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. NO. 0128-01
BILL NO. SB 93
SUBJECT: Attorney General Duties
TYPE: Original
DATE: January 19, 1999
FISCAL SUMMARY
|
ESTIMATED NET EFFECT ON STATE FUNDS | |||
| FUND AFFECTED | FY 2000 | FY 2001 | FY 2002 |
| None | |||
| Total Estimated
Net Effect on All State Funds |
$0 | $0 | $0 |
|
ESTIMATED NET EFFECT ON FEDERAL FUNDS | |||
| FUND AFFECTED | FY 2000 | FY 2001 | FY 2002 |
| None | |||
| Total Estimated
Net Effect on All Federal Funds |
$0 | $0 | $0 |
|
ESTIMATED NET EFFECT ON LOCAL FUNDS | |||
| FUND AFFECTED | FY 2000 | FY 2001 | FY 2002 |
| Local Government | $0 | $0 | $0 |
Numbers within parentheses: ( ) indicate costs or losses
This fiscal note contains 4 pages.
FISCAL ANALYSIS
ASSUMPTION
Officials from the Office of the Secretary of State (SOS) assume the proposed legislation could result in an unknown fiscal impact on certain agencies, as the Office of the Attorney General (AGO) could determine that they are unable to represent an agency or employee of an agency due to a conflict with defending the constitutionality of a statute. SOS assumes the AGO could require their agency to use staff counsel or to employ outside legal counsel, possibly resulting in a significant fiscal impact on their agency.
Oversight assumes the proposal would not have a significant fiscal impact on the Office of the Secretary of State, as it is unlikely that it would be necessary for the Office of the Attorney General to defend the SOS in an action involving a challenge of the constitutionality of statutes.
Officials from the following agencies assume the proposed legislation would have no fiscal impact on their agencies: Office of the Attorney General, Office of State Courts Administrator, Missouri Department of Transportation, Office of Administration, Department of Natural Resources, Department of Elementary and Secondary Education, Missouri Department of Insurance, Department of Mental Health, Missouri Department of Conservation, Department of Public Safety, Department of Health, Department of Revenue, Department of Corrections, Department of Labor and Industrial Relations, Coordinating Board for Higher Education, Department of Social Services, Department of Economic Development, State Tax Commission, Office of the State Public Defender, Office of Prosecution Services, Office of the Governor, Office of the Lieutenant Governor, Missouri House of Representatives, Missouri Senate, Missouri Gaming Commission, and Office of the State Treasurer.
The Department of Agriculture, Office of the State Auditor, and Missouri Lottery Commission did not respond to our request for fiscal note; however, in response to a similar proposal last session, these agencies assumed the proposal would have no impact on their agencies.
Officials from the Missouri State Employees Retirement System chose not to respond to our request for fiscal note.
| FISCAL IMPACT - State Government | FY 2000 | FY 2001 | FY 2002 |
| (10 Mo.) | |||
| $0 | $0 | $0 | |
| FISCAL IMPACT - Local Government | FY 2000 | FY 2001 | FY 2002 |
| (10 Mo.) | |||
| $0 | $0 | $0 | |
| FISCAL IMPACT - Small Business | |||
| No direct fiscal impact to small businesses would be expected as a result of this proposal. | |||
DESCRIPTION
The proposal would clarify the duties and powers of the attorney general. The proposal would give the attorney general the power to negotiate and settle any desegregation cases against the state. It would also obligate the attorney general to zealously defend the constitutionality of statutes, and restrict representation of other agencies, officials or other parties that may challenge the constitutionality of statutes.
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
Office of the Attorney General
Office of State Courts Administrator
Missouri Department of Transportation
Office of Administration
Department of Natural Resources
Department of Elementary and Secondary Education
Missouri Department of Insurance
Department of Mental Health
Missouri Department of Conservation
Department of Public Safety
Department of Health
Department of Revenue
Department of Corrections
SOURCES OF INFORMATION (continued)
Department of Labor and Industrial Relations
Coordinating Board for Higher Education
Department of Social Services
Department of Economic Development
State Tax Commission
Office of the State Public Defender
Office of Prosecution Services
Office of the Governor
Office of the Lieutenant Governor
Missouri House of Representatives
Office of the State Treasurer
Missouri Gaming Commission
Missouri Senate
NOT RESPONDING: Department of Agriculture, Missouri Lottery Commission, Office of the State Auditor, and Missouri State Employees Retirement System.
Jeanne Jarrett, CPA
Director
January 19, 1999