COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. No.: 1659-03

Bill No.: SB 454

Subject: Tobacco Settlement

Type: Original

Date: February 21, 2001




FISCAL SUMMARY



ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 2002 FY 2003 FY 2004
Missouri Tobacco Settlement Attorney-Fee Trust
Total Estimated

Net Effect on All

State Funds

$0 $0 $0



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

Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 3 pages.

FISCAL ANALYSIS



ASSUMPTION



Officials of the House of Representatives, the Senate, and the Office of Administration indicated that they could carry out duties under this proposal with existing resources.



Oversight can not estimate the amount of moneys which might be deposited into the Missouri Tobacco Settlement Attorney-Fee Trust Fund or estimate the amount of attorney fees which might be approved by the Missouri Commission on Tobacco Attorney-Fee Compensation.



FISCAL IMPACT - State Government FY 2002 FY 2003 FY 2004
MISSOURI TOBACCO SETTLEMENT ATTORNEY-FEE TRUST FUND
Income - Proceeds of awards or settlements resulting from disputes for legal fees Unknown Unknown Unknown
Cost - approved legal fees $0 (Unknown) (Unknown)
Cost - appropriations for health care and/or education programs $0 (Unknown) (Unknown)
ESTIMATED NET EFFECT ON MISSOURI TOBACCO SETTLEMENT ATTORNEY-FEE TRUST FUND Unknown $0 to Unknown $0 to Unknown


FISCAL IMPACT - Local Government FY 2002 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



This proposal would allow the Attorney General to enter into the Model Fee Payment Arrangement, contained in the Master Settlement Agreement; however, State Outside Counsel would not be allowed to collect payments directly from Original Participating Manufacturers. DESCRIPTION (continued)



The proposal would the Missouri Tobacco Settlement Attorney-Fee Trust Fund, into which the Treasurer would deposit all moneys received from an award or settlement resulting from a dispute for legal fees related to the tobacco litigation.



Moneys in the Fund would not be appropriated until Fiscal Year 2003.

The Attorney General would collect all attorneys' fees due the state or its subcontractors and deposit the proceeds with the State Treasurer and would represent State Outside Counsel in proceedings before the Missouri Commission on Tobacco Attorney-Fee Compensation.



The Commission, which would be established by this proposal, would consider and rule on requests by State Outside Counsel for payments of fees and expenses.



Requests for fees and expenses (with documentation) would be made by December 31, 2001.



The Commission would hold public hearings and would issue a schedule for payments by July 1, 2002.



Any moneys remaining in the Missouri Tobacco Settlement Attorney-Fee Trust Fund after July 1, 2002, could be appropriated for health care and education purposes.



This proposal contains a severability clause and an emergency clause.



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



SOURCES OF INFORMATION



Office of Administration

Missouri House of Representatives

Missouri Senate



NOT RESPONDING: Office of the Attorney General



Jeanne Jarrett, CPA

Director

February 21, 2001