COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.: 2098-01
Bill No.: SB 550
Subject: American with Disabilities Act
Type: Original
Date: March 12, 2001
FISCAL SUMMARY
| FUND AFFECTED | FY 2002 | FY 2003 | FY 2004 |
| None | $0 | $0 | $0 |
| Total Estimated
Net Effect on All State Funds |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2002 | FY 2003 | FY 2004 |
| None | $0 | $0 | $0 |
| Total Estimated
Net Effect on All Federal Funds |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2002 | FY 2003 | FY 2004 |
| Local Government | $0 | $0 | $0 |
Numbers within parentheses: ( ) indicate costs or losses.
This fiscal note contains 3 pages.
ASSUMPTION
Officials from the Office of Administration - Division of Personnel and the Department of Labor and Industrial Relations assume the proposed legislation would have no fiscal impact on their agency.
Officials from the Department of Transportation assume any additional workload related to cases of employees disputing 'reasonable accommodations' or other issues of the Americans with Disabilities Act will be absorbed by current staff and appropriations.
Officials from the Office of State Courts Administrator (CTS) assume the proposed legislation would waive the state's sovereign immunity and permit suits against the state under the federal Americans with Disabilities Act.
CTS officials also assume that suits would be filed in federal court, as was the case prior to the recent U.S. Supreme Court decision. If so, there should be no appreciable increase in state court filings, and therefore the impact on the budget of the judiciary should be negligible. CTS officials noted that they are not able to comment on any increase in federal civil liability the state may expose itself to as a result of this proposal.
Officials from the Department of Conservation (MDC) assume the proposed legislation could have fiscal impact on MDC funds because of the increased exposure to lawsuits. However, officials noted that the amount of fiscal impact is unknown.
Oversight assumes that prior to the recent U.S. Supreme Court decision, cases could be filed in state court. Oversight assumes that this proposal merely allows such cases to be filed in state court. Therefore, Oversight assumes the fiscal impact of this proposal is $0.
| FISCAL IMPACT - State Government | FY 2002 | FY 2003 | FY 2004 |
| $0 | $0 | $0 |
| 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 bill allows the state of Missouri to be subject to lawsuits for monetary damages in Missouri state courts for violations of the federal Americans with Disabilities Act.
This bill contains 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.
SOURCES OF INFORMATION
Department of Conservation
Department of Labor and Industrial Relations
Department of Transportation
Office of Administration - Division of Personnel
Office of State Courts Administrator
NOT RESPONDING: Office of Attorney General
Jeanne Jarrett, CPA
Director
March 12, 2001