COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. No.: 4439-02

Bill No.: SB 1150

Subject: Administration, Office of; Attorney General; Attorneys; State Departments

Type: Original

Date: February 26, 2002




FISCAL SUMMARY





ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 2003 FY 2004 FY 2005
None
Total Estimated

Net Effect on All

State Funds

$0 $0 $0





ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 2003 FY 2004 FY 2005
None
Total Estimated

Net Effect on All

Federal Funds

$0 $0 $0





ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 2003 FY 2004 FY 2005
Local Government $0 $0 $0


Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 3 pages.





FISCAL ANALYSIS



ASSUMPTION



Officials from the Department of Social Services did not respond to our fiscal impact request.



Officials from the Office of the Attorney General, Office of Administration - Division of Purchasing and Materials Management, Departments of Agriculture, Corrections, Insurance, Revenue, Labor and Industrial Relations, Elementary and Secondary Education, Mental Health, Economic Development, Health and Senior Services, Higher Education, Transportation, and Public Safety assume the proposed legislation would have no fiscal impact on their agencies.



Officials from the Department of Conservation (MDC) assume the proposal could increase litigations costs for their agency. MDC assumes the amount of fiscal impact would be negligible.



Officials from the Department of Natural Resources (DNR) state they retain attorneys throughout the state to serve as hearing officers on commission actions. DNR notes, in the aggregate, they may spend more than $100,000 for these services. DNR states the amount spent on this activity is dependent on the number of permit appeals the commissions hear. DNR assumes the number of hearings and the associated costs that may arise are unknown. DNR assumes the proposal could result in a procedural change.





FISCAL IMPACT - State Government FY 2003

(10 Mo.)

FY 2004 FY 2005
$0 $0 $0



FISCAL IMPACT - Local Government FY 2003

(10 Mo.)

FY 2004 FY 2005
$0 $0 $0





FISCAL IMPACT - Small Business



Small business law practices may realize improved opportunity to compete for legal services.



DESCRIPTION



This proposal creates the "Private Attorney Retention Act." This proposal requires state agencies to use competitive bidding when contracting for legal services. State agencies shall not enter into a contract that exceeds $100,000 in any fiscal year without a specific appropriation for that purpose. Any state agency using a private attorney must report certain information about the hours, fees and expenses of the private attorney to the Office of Administration for each fiscal year and the Office of Administration shall submit a report to the General Assembly annually.

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 the Attorney General

Office of Administration

Division of Purchasing and Materials Management

Department of Agriculture

Department of Corrections

Department of Insurance

Department of Revenue

Department of Labor and Industrial Relations

Department of Elementary and Secondary Education

Department of Mental Health

Department of Economic Development

Department of Health and Senior Services

Department of Higher Education

Department of Public Safety

Department of Transportation

Department of Conservation

Department of Natural Resources

NOT RESPONDING



Department of Social Services



Mickey Wilson, CPA

Acting Director

February 27, 2002