COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. NO.: 4385-03

BILL NO.: SB 1028

SUBJECT: Unlawful Employment Practices

TYPE: Original

DATE: March 10, 2000




FISCAL SUMMARY



ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 2001 FY 2002 FY 2003
None $0 $0 $0
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
None $0 $0 $0
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 Office of Administration - Division of Personnel, Department of Labor and Industrial Relations, Office of the Attorney General, and the Department of Transportation (MoDOT) anticipate no or minimal fiscal impact as a result of the proposal. However, MoDOT officials assume that if an increased number of grievances and lawsuits occurs, there would be a need for increased staff and related expenses of approximately $112,752 for FY01, $122,074 for FY02, and $125,144 for FY03. Oversight assumes any increase in grievances and lawsuits should not be significant, but any need for additional staff would become a budget issue if necessary.





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 provides a standard for vicarious liability of an employer for actions of a supervisor in harassment claims and allows an affirmative defense to be raised in certain cases, codifying recent holdings by the United States Supreme Court. The proposal also specifies that the rulemaking authority of the Missouri Commission on Human Rights shall not extend to establishing standards of employer liability.



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 Administration - Division of Personnel

Department of Labor and Industrial Relations

Office of the Attorney General

Department of Transportation









Jeanne Jarrett, CPA

Director

March 10, 2000