COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. No.: 4660-01

Bill No.: SB 1139

Subject: Children and Minors; Employees - Employers; Labor and Industrial Relations

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 Office of the State Courts Administrator assume after a period of adjustment, they would expect substantial compliance, and would not anticipate a significant impact on the budget of the judiciary.



Officials from the Department of Labor and Industrial Relations and the Department of Agriculture assume the proposed legislation would have no fiscal impact on their agencies.





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 businesses employing children would be required to keep records as indicated in the proposal.





DESCRIPTION



This proposal modifies certain provisions of the child labor laws.



Section 294.011, RSMo, currently lists exclusions from the definition of "employ." This section is modified by removing from the exclusions the delivery or sales of magazines or periodicals, and adds certain agriculture work.



DESCRIPTION (continued)



Section 294.024, RSMo, is modified by deleting the provision that a child may work during the school term if there has been an exemption issued by the Director of the Division of Labor Standards. The child may still work if issued a work permit or certificate.



Section 294.030, RSMo, is modified to provide that the hours per day exemptions apply only to employment in the entertainment industry. It also provides that the regional fair exceptions shall not apply to entities covered by the Fair Labor Standards Act.



Section 294.043, RSMo, is modified to increase the age at which door-to-door selling may occur from sixteen to eighteen years of age.



Section 294.090, RSMo, is modified to allow the Director of the Division of Labor Standards to require production of work permits and to require employers to retain records for two years. All information obtained by the Division pertaining to minors is considered confidential and shall be disclosed only on order of a court of competent jurisdiction.



Section 294.121, RSMo, is modified to allow the Director of the Division of Labor Standards to consider the size of a business when determining civil damages.



Sections 294.060, 294.090 and 294.141, RSMo, are modified by changing paper processes to electronic processes.



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 State Courts Administrator

Department of Labor and Industrial Relations

Department of Agriculture









Mickey Wilson, CPA

Acting Director

February 27, 2002