COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. No.: 4584-01

Bill No.: SB 1249

Subject: State Departments; Administration, Office of; Contracts and Contractors; Business and Commerce

Type: Original

Date: February 20, 2004




FISCAL SUMMARY



ESTIMATED NET EFFECT ON GENERAL REVENUE FUND
FUND AFFECTED FY 2005 FY 2006 FY 2007
Total Estimated

Net Effect on

General Revenue

Fund

$0 $0 $0



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

Net Effect on Otherl

State Funds

$0 $0 $0



Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 5 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 from the Office of the State Auditor, the Department of Mental Health, the Department of Conservation, the Department of Labor and Industrial Relations, the Public School Retirement System, the Department of Elementary and Secondary Education; the Department of Economic Development, Public Service Commission; the Department of Public Safety, Division of Alcohol and Tobacco Control, Missouri Veterans Commission, Division of Fire Safety, State Emergency Management Agency, Capitol Police, and State Water Patrol; the Office of Administration, Division of Budget and Planning, and, Division of Design and Construction; the State Tax Commission, the Office of the Governor, the Department of Social Services, the Office of State Public Defender, the Missouri House of Representatives, the Missouri Gaming Commission, and the Missouri Senate, assume this proposal would have no impact on their organizations.



Officials from the Office of the Lieutenant Governor assume this proposal would have an unknown cost on their organization.





ASSUMPTIONS (continued)



Officials from the Department of Transportation (MODOT) assume that for all purchases, MODOT will be required to develop specifications and evaluation criteria that will allow us to seek fair and competitive bids that can be evaluated on price, performance and quality; perform an economic impact analysis for Missouri products versus the economic impact of products generated from out-of-state; and provide a written explanation to support an award to a non-Missouri manufacturer or service provider. MODOT will also have to defend its current contracting procedures and challenge the validity of any state law (such as this), which gives state bidding and contract statutory law superior treatment and application over binding federal-aid grant statutory or regulatory authority.



The amount of additional staff time that would be necessary to complete the additional duties is unknown. MODOT assumes that the duties can be completed with current staff possibly working overtime hours. An additional FTE may be required; however MODOT is unable to determine at this time if it would be necessary due to the uncertainty as to the number of products that would be affected and the legal challenges that could be raised. The negative fiscal impact is unknown.



Oversight assumes this proposal could be implemented with no or minimal impact since it codifies an existing executive order, and requires the use of a Missouri vendor only if quality is equal or better, and price is equal or less, than alternatives.



FISCAL IMPACT - State Government FY 2005

(10 Mo.)

FY 2006 FY 2007
$0 $0 $0





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 proposal would codify Executive Order 03-27 into statute by expanding the preference given by state bodies to Missouri businesses.



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 State Auditor

Department of Mental Health

Department of Transportation

Department of Labor and Industrial Relations

Public School Retirement System

Department of Elementary and Secondary Education

Department of Economic Development

Public Service Commission

Department of Public Safety

Division of Alcohol and Tobacco Control

Missouri Veterans Commission

Division of Fire Safety

State Emergency Management Agency

Capitol Police

State Water Patrol

SOURCES OF INFORMATION (continued)

Office of Administration

Division of Budget and Planning

Division of Design and Construction

State Tax Commission

Office of the Governor

Department of Social Services

Office of State Public Defender

Missouri House of Representatives

Missouri Gaming Commission

Missouri Senate

Office of the Lieutenant Governor

Department of Conservation



Mickey Wilson, CPA

Director

February 20, 2004