COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. NO.: 3809-03

BILL NO.: SB 858

SUBJECT: Sunshine Law

TYPE: Original

DATE: February 4, 2000




FISCAL SUMMARY



ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 2001 FY 2002 FY 2003
Total Estimated

Net Effect on All

State Funds

$0 $0 $0



ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 2001 FY 2002 FY 2003
Total Estimated

Net Effect on All

Federal Funds

$0 $0 $0



ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 2001 FY 2002 FY 2003
Local Government $0 $0 $0

Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 3 pages.

FISCAL ANALYSIS



ASSUMPTION



Officials of the following agencies/offices/commissions stated their offices would not be directly impacted fiscally by this bill: Administration, Agriculture, Conservation, Elementary and Secondary Education, Higher Education, Transportation, Natural Resources, Public Safety, Revenue, Governor, Lt. Governor, Social Services, Secretary of State, Attorney General, Courts, Administrator, Tax, Health, Economic Development, Gaming, Lottery, Chief Clerk of the House, Auditor, Treasurer, Labor and Industrial Relations, Public Defender, and Prosecution Services.



Officials of the University of Missouri and the Department of Mental Health noted that the proposal might provide a cause of action for additional litigation, which could have a fiscal impact depending on the amount and outcome of that litigation. For fiscal note purposes it is assumed that this would not be a direct impact of the proposal.



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



This proposal would require that roll call votes be taken and made public on matters where meetings themselves could be closed under the open meetings law. It would also: allow penalties to be assessed for any violation of the open meetings law (currently, penalties are only allowed if the violation is "purposeful"); increase possible penalties for violations of the law from $500 to $25,000; create a presumption of "knowing violation" whenever a jurisdiction receives a request in writing which references the sunshine law or any of sections 610.010 to 610.027.



DESCRIPTION (continued)



This legislation is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space. This proposal would not affect Total State Revenue.



SOURCES OF INFORMATION



Office of Administration

Department of Agriculture

Department of Conservation

Department of Economic Development

Department of Elementary and Secondary Education

Department of Health

Department of Higher Education

Department of Transportation

Department of Insurance

Department of Labor and Industrial Relations

Department of Mental Health

Department of Natural Resources

Department of Public Safety

Department of Revenue

Department of Social Services

State Courts Administrator

State Tax Commission

Office of Prosecution Services

State Public Defender

Chief Clerk - House of Representatives

State Auditor

Governor

Lieutenant Governor

Secretary of State

State Treasurer

University of Missouri



Jeanne Jarrett, CPA

Director

February 4, 2000