COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. NO.: 2762-01
BILL NO.: SB 655
SUBJECT: State Attorney General
TYPE: Original
DATE: January 11, 2000
FISCAL SUMMARY
| FUND AFFECTED | FY 2001 | FY 2002 | FY 2003 |
| None | |||
| Total Estimated
Net Effect on All State Funds |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2001 | FY 2002 | FY 2003 |
| None | |||
| Total Estimated
Net Effect on All Federal Funds |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2001 | FY 2002 | FY 2003 |
| Local Government | $0 | $0 | $0 |
Numbers within parentheses: ( ) indicate costs or losses.
This fiscal note contains 4 pages.
ASSUMPTION
Officials from the Office of the Attorney General (AGO) assume the proposed legislation could result in an unknown fiscal impact on their agency, as the AGO would be required to conduct an additional preliminary review before formally representing a state agency, state official, political subdivision or other party to ensure that the representation would not cause a conflict with zealously defending the constitutionality of the statutes . However, the AGO assumes any costs would be minimal and could be absorbed with existing resources.
Officials from the Office of the Secretary of State (SOS) assume the proposal 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 this proposal would not have a significant fiscal impact on the Office of the Secretary of State, as the Office of the Attorney General currently represents the SOS in proceedings involving the state's interests. This proposal would only require the SOS to use staff counsel or to employ outside legal counsel in cases where the AGO could not zealously defend the constitutionality of statutes while representing state agencies.
Officials from the following agencies assume the proposed legislation would have no fiscal impact on their agencies: Office of State Courts Administrator, Missouri Department of Transportation, Office of Administration, Department of Natural Resources, Department of Elementary and Secondary Education, Department of Mental Health, 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, and Department of Agriculture.
| FISCAL IMPACT - State Government | FY 2001
(10 Mo.) |
FY 2002 | FY 2003 |
| $0 | $0 | $0 |
| FISCAL IMPACT - Local Government | FY 2001
(10 Mo.) |
FY 2002 | FY 2003 |
| $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 proposed legislation would obligate the attorney general to "zealously" defend the constitutionality of statutes, and restrict representation of other state agencies, state officials, political subdivisions, 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 Attorney General
Office of the Secretary of State
Office of State Courts Administrator
Missouri Department of Transportation
Office of Administration
Department of Natural Resources
Department of Elementary and Secondary Education
Department of Mental Health
Department of Public Safety
Department of Health
Department of Revenue
Department of Corrections
Department of Labor and Industrial Relations
Coordinating Board for Higher Education
SOURCES OF INFORMATION (continued)
Department of Social Services
Department of Economic Development
Department of Agriculture
Jeanne Jarrett, CPA
Director
January 11, 2000