COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. No.: 3426-02

Bill No.: SB 1010

Subject: Attorney General, State; Public Officers; State Departments; Employees - Employers; State Employees

Type: Original

Date: February 27, 2004




FISCAL SUMMARY



ESTIMATED NET EFFECT ON GENERAL REVENUE FUND
FUND AFFECTED FY 2005 FY 2006 FY 2007
General Revenue (Unknown) (Unknown) (Unknown)
Total Estimated

Net Effect on

General Revenue

Fund

(Unknown) (Unknown) (Unknown)



ESTIMATED NET EFFECT ON OTHER STATE FUNDS
FUND AFFECTED FY 2005 FY 2006 FY 2007
Highway Fund (Unknown) (Unknown) (Unknown)
Total Estimated

Net Effect on All

State Funds

(Unknown) (Unknown) (Unknown)



Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 4 pages.











ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 2005 FY 2006 FY 2007
Total Estimated

Net Effect on All

Federal Funds

$0 $0 $0



ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 2005 FY 2006 FY 2007
Local Government $0 $0 $0




FISCAL ANALYSIS



ASSUMPTION



Officials with the Secretary of State's Office assume no fiscal impact to their agency.



Officials with the Department of Labor and Industrial Relations assume this proposal expands the state's Whistleblower Law to include "whistleblowing" to the attorney general and any state official or body charged with investigating alleged misconduct. The proposal also authorizes civil actions in addition to previously administrative appeals. There is no fiscal impact to this agency.



Officials with the Office of Administration - Personnel assume this proposal may increase costs to the Personnel Advisory Board because it expands the people/entities to whom a state employee may make a report. The additional number of appeals that may result for this expansion of jurisdiction is unknown. The Personnel Advisory Board does not receive many whistleblower appeals, but those it does hear (3 or 4 a year) are generally lengthly.



Officials with the Attorney General's Office assume that any potential costs arising from this proposal can be absorbed with existing resources.







ASSUMPTION (continued)



Officials with the Department of Transportation assume this proposal will have a fiscal impact on their agency. Since the potential number of court cases cannot be predicted nor their locations, the fiscal impact is unknown.



FISCAL IMPACT - State Government FY 2005

(10 Mo.)

FY 2006 FY 2007
GENERAL REVENUE
Cost - Office of Administration - Personnel



(Unknown)


(Unknown)


(Unknown
ESTIMATED NET EFFECT ON GENERAL REVENUE

(Unknown)


(Unknown)


(Unknown)
HIGHWAY FUND
Cost - Department of Transportation (Unknown) (Unknown) (Unknown)
ESTIMATED NET EFFECT ON HIGHWAY FUND

(Unknown)


(Unknown)


(Unknown)




FISCAL IMPACT - Local Government FY 2005

(10 Mo.)

FY 2006 FY 2007
$0 $0 $0



FISCAL IMPACT - Small Business



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



DESCRIPTION



This act adds the attorney general and any state official or body charged with investigating such alleged misconduct to those individuals a state employee may discuss the operations of an agency without discipline being brought against them. Further, the act establishes a civil cause of action



DESCRIPTION (continued)



for violations of Section 105.055, RSMo. The new cause of action would allow for actual damages, litigation expenses and reasonable attorney fees to be imposed.



The act adds harassment to those actions which are prohibited from occurring to an employee who reports a violation of Sections 610.010 to 610.030, RSMo.



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

Department of Labor and Industrial Relations

Attorney General's Office

Office of Administration - Personnel

Secretary of State's Office























Mickey Wilson, CPA

Director

February 27, 2004