COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. No.: 0324-03

Bill No.: Perfected SCS for SB's 44 and 59

Subject: Promotes adoption awareness and expedites adoption of foster children by shortening waiting periods.

Type: Original

Date: February 13, 2001




FISCAL SUMMARY



ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 2002 FY 2003 FY 2004
General Revenue ($89,338) ($94,686) ($97,525)
Total Estimated

Net Effect on All

State Funds

($89,338) ($94,686) ($97,525)



ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 2002 FY 2003 FY 2004
Total Estimated

Net Effect on All

Federal Funds

$0 $0 $0



ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 2002 FY 2003 FY 2004
Local Government $0 $0 $0

Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 6 pages.

FISCAL ANALYSIS



ASSUMPTION



Sections 453.010, 453.070, and 453.080



Officials from the Office of State Courts Administrator (CTS) stated the proposed legislation would have no fiscal impact on their organization.



Officials from the Department of Social Services assume that this proposal will not have a fiscal impact on their agency.



Section 191.975



Officials from the Department of Social Services - Division of Family Services stated the proposed legislation would have no fiscal impact on their organization.



Officials from the Office of Administration (COA) did not respond to our request for a fiscal impact statement. However, in response to similar legislation proposed, the COA officials state the proposed legislation would not have a fiscal impact on their organization.



Oversight assumes the proposed legislation would not have a fiscal impact on the COA.



Officials from the Office of Secretary of State (SOS) stated this bill requires the Division of Maternal, Child and Family Health to promulgate rules to implement the Adoption Awareness Law. Based on experience with other divisions, the rules, regulations and forms issued by the Department of Elementary and Secondary Education could require as many as approximately 22 pages in the Code of State Regulations. For any given rule, roughly half again as many pages are published in the Missouri Register as in the Code because cost statements, fiscal notes and the like are not repeated in the Code. These costs are estimated. The estimated cost of a page in the Missouri Register is $23.00. The estimated cost of a page in the Code of State Regulations is $27.00. The actual costs could be more or less than the numbers given. The impact of this legislation in future years is unknown and depends upon the frequency and length of rules filed, amended, rescinded and withdrawn. Therefore, the officials from the SOS estimated the fiscal impact for FY 2002 to be $1,353 [(22 pgs. X $27) + (33 pgs. X $23)].



Oversight assumes the SOS could absorb the cost of printing and distributing the regulations related to this proposal. If multiple bills pass which require the printing and distribution of regulations at substantial costs, the SOS could request funding through the appropriation process. Any decisions to raise fees to defray costs would likely be made in subsequent fiscal years.



ASSUMPTION (continued)



Officials from the Department of Health (DOH) stated the legislation requires the DOH to collect resource materials and establish and promote education materials on adoption. The legislation specifies what should be in the information, but does not specify the extend of the promotion.



At a minimum, the DOH could obtain informational brochures from the Department of Social Services (DOS) and distribute the material to organizations on DOH's existing mailing lists. This would meet the requirements of the legislation, but would not provide widespread promotion of adoption. According to DOS, the information required in the handouts is not combined in one place. New materials would need to be developed in collaboration with DOS. The DOH would use its existing Tel-Link program to meet the requirements of a toll-free telephone number. Brochures from DOS would have to be modified and would need to include the toll-free number.



Additional funds would be needed if a statewide campaign were initiated to promote adoption. The brochures and information would need to be produced and distributed in a greater number. Also, advertising would need to be purchased and the DOH would need to contract for the services of developing and coordinating the campaign. The DOH estimates the costs of advertising to be up to $197,506 for FY 02, up to $209,528 for FY 03, and up to $209,813 for FY 04.



Based on fiscal note responses from the Department of Social Services (DOS) and the Department of Health (DOH) for similar legislation proposed in 2000, Oversight assumes the DOS and DOH could jointly prepare a pamphlet that addresses adoption and foster care as an alternative to abortion. Although this pamphlet does not currently exist and would need to be developed, the DFS could be responsible for printing the pamphlets through State Printing. Distribution of the pamphlets would be the responsibility of the Division of Maternal Child and Health (DMCH), within the DOH, thereby splitting the costs.



Oversight assumes, based on the DMCH FY 2001 response, there would be approximately 25,500 mailings to include private adoption agencies, DOH physicians, family planning clinics, DOH clinics, abortion clinics, and any other person or entity that requests such materials. If 50 pamphlets were provided to the 25,500 entities per year, on a black and white tri-fold brochure, the cost for printing would be approximately $39,398. No new employees were expected to be

needed and the costs would be charged to the General Revenue Fund. Printing costs would be approximately $40,580 and $41,797 for FY 03 and FY 04, respectively.



Oversight assumes the DOH estimated costs of postage for an initial mailing to all doctors, family planning clinics, prenatal clinics, privately funded adoption agencies, Title X agencies, ASSUMPTION (continued)



abortion facilities, and any other person or entity who requests such material at $47,940. Subsequent mailing to the estimated 25,500 entities would result in postage expense of $54,106 and $55,729 for fiscal years 2003 and 2004, respectively.



Officials from the Department of Health (DOH) assume there would be costs associated with the establishment of the Automated External Defibrillator Advisory Committee. The DOH anticipates expenses for 5 committee members meeting 4 times a year. The costs were determine based on lodging expenses of $65, meals of $45, and travel of $75 per meeting, per member. The DOH also anticipates one FTE, Health Program Rep. II will be needed to provide technical and administrative support. This FTE would no longer be required after the first two years, unless revisions in the law occur that would further the department's role as a result of the committee's reports. The DOH anticipates total costs of $58,460 in FY 02 and $65,640 in FY 03.



Oversight assumes the DOH could perform the duties outlined for the Health Program Rep. II with existing resources. In addition, since two of the board members will be state employees, Oversight assumes that meeting expenses would be needed for the three non-state members.



FISCAL IMPACT - State Government FY 2002

(10 Mo.)

FY 2003 FY 2004
GENERAL REVENUE FUND
Costs - Department of Social Services
Printing Pamphlets ($39,398) ($40,580) ($41,796)
Costs - Department of Health
Postage and Supplies ($49,940) ($54,106) ($55,729)
Board Meeting Expenses ($2,220) ($2,287) $0
Total Costs - Department of Health ($52,160) ($56,393) ($55,729)
TOTAL ESTIMATED EFFECT ON
GENERAL REVENUE FUND ($91,558) ($96,973) ($97,525)



FISCAL IMPACT - Local Government FY 2002

(10 Mo.)

FY 2003 FY 2004
$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 seeks to expedite the placement of a child for adoption by waiving the six month waiting period if the child has been in the lawful and actual custody of the petitioner for at least six months prior to the entry of the adoption decree. The court shall conduct a hearing to determine whether the adoption shall be finalized and the person sought to be adopted is a child who is under the prior and continuing jurisdiction of a court pursuant to chapter 211, RSMo and the person desiring to adopt the child is the child's current foster parent.



The proposed legislation also creates the "Adoption Awareness Law" to promote adoption. Section 191.975 outlines the education and promotion duties of the Division of Maternal, Child, and Family Health within the Department of Health with the cooperation of the Department of Social Services.



The proposed legislation also would establish an "Automated External Defibrillator Advisory Committee" within the Department of Health. The committee will advise the Department of Health, the Office of Administration, and the legislature on the advisability of placing automated external defibrillators in public buildings. The Committee will issue an initial report no later than June 1, 2002 and a final report no later than December 31, 2003 to specified offices. The report shall include, but not be limited to, the advisability of placing automated external defibrillators in public buildings, a determination of which public buildings the defibrillators should be placed in, how the placement of the defibrillators should be accomplished, projections of the cost to purchase, place, and maintain the automated defibrillators, discussion of the need for, and the cost of, training personnel in the use of the defibrillators and in cardiopulmonary resuscitation, and the integration of the external defibrillators with existing emergency services.

Members of the Committee will receive no compensation for their services, but will be reimbursed for expenses incurred as a result of their duties. The Committee shall terminate on June 1, 2003.



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 Social Services

Department of Health

Office of Secretary of State

Office of State Courts Administrator



NOT RESPONDING: Office of Administration













Jeanne Jarrett, CPA

Director



February 13, 2001