COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. No.: 1166-22

Bill No.: HCS for SS 2 for SCS for SB 481

Subject: Transportation; Transportation Dept; Road and Highways

Type: Original

Date: May 6, 2003




FISCAL SUMMARY



ESTIMATED NET EFFECT ON GENERAL REVENUE FUND
FUND AFFECTED FY 2004 FY 2005 FY 2006
General Revenue (Unknown greater than $84,456) (Unknown greater than $168,912) (Unknown greater than $168,912)
Total Estimated

Net Effect on

General Revenue

Fund*





(Unknown greater than $84,456)




(Unknown greater than $168,912)




(Unknown greater than $168,912)

*Unknown could exceed $100,000.



ESTIMATED NET EFFECT ON OTHER STATE FUNDS
FUND AFFECTED FY 2004 FY 2005 FY 2006
Highway Fund Unknown greater than $330,670 Unknown greater than$396,804 Unknown greater than $396,804
Total Estimated

Net Effect on Other

State Funds



Unknown greater than $330,670


Unknown greater than $396,804


Unknown greater than $396,804

*Unknown could exceed $100,000



Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 8 pages.









ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 2004 FY 2005 FY 2006
Total Estimated

Net Effect on All

Federal Funds

$0 $0 $0



ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 2004 FY 2005 FY 2006
Local Government $0 $0 $0


FISCAL ANALYSIS



ASSUMPTION



Officials with the Office of State Courts Administrator and Department of Revenue assume this proposal would have no fiscal impact on their agencies.



21.795



This section proposes that the transportation Inspector General shall serve as the executive director of the Joint Committee on Transportation Oversight (JCTO) and includes other provisions for the JCTO.



Officials with Department of Transportation (MoDOT) assume this section could create an annual accountability report that MoDOT would submit to the JCTO and presentation of a prioritized plan for all modes of transportation. MoDOT notes there could be additional personnel needed to handle additional requests.



Oversight assumes MoDOT could absorb the additional workload with existing staff.











ASSUMPTION (continued)



226.030, 226.033



These sections include provisions for the state highways and transportation commission.



Officials with MoDOT assume this section has provisions for Commissioners for the Missouri Highways and Transportation Commission and could revise the Commissioners' duty dates.



No fiscal impact was noted by any responding agencies.



226.096



This section relates to the use of arbitration in MoDOT contract disputes.



MoDOT assumes this section could provide that any controversy or claim on a contract award for highway and bridge projects (probably even design contracts) are to be settled by arbitration. However, both parties at least have to agree to such alternative dispute resolution. MoDOT assumes this is likely to cost a substantial amount of money (Road Fund), but that amount is unknown.



Oversight assumes the potential unknown negative impact addressed by MoDOT is a possible secondary effect of the proposal, however, no direct fiscal impact was indicated.



226.192



This section of the proposal creates the office of transportation Inspector General.



Officials with the Office of Administration (COA)- Division of Budget and Planning (BAP) assume their agency could need additional staff and related expenses. Although the language does not order the Division to provide assistance, it allows the Inspector General to request assistance from the Division. Given the detailed nature of the Inspector General's assigned work, it is likely that any assistance requested from BAP would require a great deal of the staff's time to complete.



BAP further assumes this section of the proposal could cause considerable cost to General Revenue. While the bill does not specifically state what agency funds the Office of Inspector General, BAP assumes these costs would have to come from the General Revenue Fund. The Inspector General is assigned multiple duties, which could require a significant amount of staff and related expenses for the office.



ASSUMPTION (continued)



Officials with MoDOT assume this section creates the Transportation Inspector General, allows for the Transportation Inspector General to hire necessary staff, states that all funding for the Transportation Inspector General and staff will come from appropriations other than funds derived from highway users fees and dedicated to the operation of Department of Transportation and states the duties and responsibilities of the Transportation Inspector General.



MoDOT assumes that there will be significant and on-going requests for information including reports and explanations of inquiries. Therefore, MoDOT assumes that one additional Senior Business Specialist could be needed to coordinate information requests/responses for the new Transportation Inspector General and to coordinate the additional information to be discussed by the Joint Committee on Transportation Oversight. The salary for this employee is $44,628 with standard office equipment and expenses.



Oversight assumes that MoDOT could handle any additional requests for information with existing staff.



Oversight assumes this proposal could create a position of an independent Inspector General that would perform duties as assigned by the JCTO. Oversight further assumes that the activities of the Inspector General could include investigations, complaint and contract reviews. With information provided by BAP (for the Governor's Office) from a similar proposal, Oversight assumes the following cost could be associated with this proposal.



This position would become active on January 1, 2004.

Personal Service

Inspector General $86,868

Executive Secretary $33,380



Note: The Inspector General could request additional personnel appropriations depending on the scope of the new office.



FY 04-Cost (Six months)

Salaries $60,124

Fringe Benefits $24,332

Equipment and Expenses Unknown

Total (Unknown greater than $84,456)





ASSUMPTION (continued)



FY 05 and 06 (no growth assumed)

Salaries ($120,248)

Fringe Benefits ($48,664)

Equipment and Expenses (Unknown)

Total (Unknown greater than $168,912)



226.194, 226.195, 226.194, 226.197, 226.198, 226.199



These sections address the subsequent duties of the Inspector General's office.



Section 1



This section eliminates any Inspector General position within MoDOT.



MoDOT assumes this section states their agency cannot employ anyone in a position to detect and prevent fraud, waste, and abuse in department programs and operation and to provide independent and objective assistance to help assure the department is operated in compliance with the constitution and laws of the United States and the state of Missouri. Recently, the employees performing auditing duties were combined with the Inspector General's Office and the Director of the Audit and Business Analysis' title was changed to the Inspector General. MoDOT feels that it is necessary to maintain an internal process to monitor itself. Therefore, MoDOT assumes that we will continue to employ the employees that work as internal auditors and that the title for the current Inspector General will be changed back to Director of Audit and Business Analysis. Additionally, without internal audits and investigations of grievances, federal funding of highway dollars from Federal Highway Administration will be at risk.



Oversight notes that MoDOT currently has an Inspector General and an Audit and Business Analysis section. Both sections currently have a director's position.



Oversight assumes this section of the proposal could remove the current Inspector General position within MoDOT. The savings are based on current salaries and benefits.



FY 04 (six months), 05 and 06

Senior Investigator $43,764

Special Assignments Liaison $48,216

Asst. Special Reviews Coordinator $52,092

ASSUMPTION (continued)



Senior Investigator $41,304

Inspector General $83,808

Total Salaries $269,184

Benefits (47.41%) $127,620





FY 04 (six months)-Savings



Salaries $134,592

Fringe Benefits $63,810

Expense and Equipment Unknown



FY 05 and 06-Savings



Salaries $269184

Fringe Benefits $127620

Expense and Equipment Unknown



FISCAL IMPACT - State Government FY 2004

(10 Mo.)

FY 2005 FY 2006
GENERAL REVENUE
Cost- Inspector General's Office
Personal Service (2 FTE) (Unknown greater than $60,124) (Unknown greater than $120,248) (Unknown greater than $120,248)
Fringe Benefits (Unknown greater than $24,332) (Unknown greater than $48,664) (Unknown greater than $48,664)
Expense and Equipment (Unknown) (Unknown) (Unknown)
Total Cost- Inspector General's Office (Unknown greater than $84,456) (Unknown greater than $168,912) (Unknown greater than $168,912)
NET ESTIMATED EFFECT ON GENERAL REVENUE (Unknown greater than $84,456) (Unknown greater than $168,912) (Unknown greater than $168,912)
*Unknown cost is subject to appropriations and could exceed $100,000.
HIGHWAY FUND
Savings- Department of Transportation
Salaries $224,320 $269,184 $269,184
Fringe Benefits $106,350 $127,620 $127,620
Expense and Equipment Unknown Unknown Unknown
Total Savings - MoDOT Unknown greater than $330,670 Unknown greater than $396,804 Unknown greater than $396,804
NET ESTIMATED EFFECT ON HIGHWAY FUND Unknown greater than $330,670 Unknown greater than $396,804 Unknown greater than $396,804
FISCAL IMPACT - Local Government FY 2004

(10 Mo.)

FY 2005 FY 2006

$0 $0 $0


FISCAL IMPACT - Small Business



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



DESCRIPTION



This proposal could create an Inspector General position to also serve as the Executive Director of the legislature's Joint Committee on Transportation Oversight.



This proposal has several provisions relating to the Highway and Transportation Commission.

This proposal has provisions relating to arbitration in MoDOT contracts.



This proposal could remove the Inspector General position currently with MoDOT.



This legislation is not federally mandated and would not require capital improvements.



There could be additional rental space needed for an Inspector General's office.





SOURCES OF INFORMATION



Office of State Courts Administrator

Department of Revenue

Department of Transportation

Office of Administration















Mickey Wilson, CPA

Director

May 6, 2003