SB 1470 — Modifies duties and functions of the Joint Committee on Legislative Research

Except for those employees assigned to the oversight division, all employees of the committee shall be under the supervision of the director of research, and he or she shall, as directed by the committee, assign and supervise all work projects of those employees and keep all necessary personnel records for those employees and others of the committee if so directed.

All employees of the oversight division shall be under the supervision of the director of the oversight division[, and he shall, as directed by the subcommittee, assign and supervise all work projects of the employees of that division].

2.

The committee may provide necessary legal reports and other publications to be kept in the library of the committee and pay for same out of any appropriations made to the committee.

The secretary of state and the revisor of statutes shall furnish the librarian, without charge, the number of Missouri statutes and session laws as is desired by the committee to enable it to exchange the statutes and session laws for those of other states.

23.090.

The committee on legislative research has charge and control of the legislative library and all other space within the capitol assigned to it, including the oversight division.

HCS SB 1470 11 23.140.

1.

Legislation, with the exception of appropriation bills, introduced into either house of the general assembly shall, before being acted upon, be submitted to the oversight division of the committee on legislative research for the preparation of a fiscal note.

The staff of the oversight division shall prepare a fiscal note, examining the items contained in subsection 2 and such additional items as may be provided either by joint rule of the house and senate or by resolution adopted by the committee or the oversight subcommittee.

2.

The fiscal note shall state:

(1) The cost of the proposed legislation to the state for the next two fiscal years;

(2) Whether or not the proposed legislation will establish a program or agency that will duplicate an existing program or agency;

(3) Whether or not there is a federal mandate for the program or agency;

(4) Whether or not the proposed program or agency will have significant direct fiscal impact upon any political subdivision of the state;

(5) Whether or not any new physical facilities will be required;

and (6) Whether or not the proposed legislation will have an economic impact on small businesses.

For the purpose of this subdivision "small business" means a corporation, partnership, sole proprietorship or other business entity, including its affiliates, that:

(a) Is independently owned and operated;

and (b) Employs fifty or fewer full-time employees.

3.

The fiscal note for a bill shall accompany the bill throughout its course of passage.

No member of the general HCS SB 1470 12 assembly, lobbyist or persons other than oversight division staff members shall participate in the preparation of any fiscal note unless the communication is in writing, with a duplicate to be filed with the fiscal note or unless requested for information by the fiscal analyst preparing the note.

Violations of this provision shall be reported to the chairman of the legislative research committee and subject the fiscal note and proposed bill to subcommittee review.

Once a fiscal note has been signed and approved by the director of the oversight division, the note shall not be changed or revised without prior approval of the chairman of the legislative research committee, except to reflect changes made in the bill it accompanies, or to correct patent typographical, clerical or drafting errors that do not involve changes of substance, nor shall substitution be made therefor.

Appeals to revise, change or to substitute a fiscal note shall be made in writing by a member of the general assembly to the chairman of the legislative research committee and a hearing before the committee or subcommittee shall be granted as soon as possible.

Any member of the general assembly, upon presentation of new or additional material, may, within three legislative days after the hearing on the request to revise, change or substitute a fiscal note, request one rehearing before the full committee to further consider the requested change.

The subcommittee, if satisfied that new or additional material has been presented, may recommend such rehearing to the full committee, and the rehearing shall be held as soon as possible thereafter.

4.

The director of the division, hereinafter provided for, or the director's designees, shall seek information and advice from the affected department, division or agency of HCS SB 1470 13 state government and shall call upon the research staffs of the house of representatives and of the senate, and upon the staffs of the house and senate appropriations committees for assistance in carrying out fiscal notes and evaluations of programs selected by the committee, during the interim, and each staff shall supply such information or advice as it deems appropriate in response to the inquiry.

The state auditor shall, upon request, cooperate and provide assistance in the conduct of audits and the preparation of reports made in connection therewith.

The state auditor may, upon the request of the director or his or her designee, cooperate and provide assistance in the preparation of fiscal notes.

5.

The staff of the oversight division shall prepare a post-implementation fiscal note for any legislation that has been enacted and fully implemented for two years.

All requirements and obligations with respect to the preparation of fiscal notes elsewhere in law shall apply to post- implementation fiscal notes.

The express purpose of a post- implementation fiscal note shall be to compare the estimate of the fiscal note relating to the final enacted version of the legislation to the actual experience after the legislation was implemented.

To the extent reporting must be implemented at the time of enactment of the legislation by any department, division, or agency of state government in order to comply with the requirements of the eventual post-implementation fiscal note, such reporting shall occur at the time of enactment.

23.150.

1.

The committee on legislative research shall organize an oversight division to prepare fiscal notes and to conduct program evaluations [of state agencies], including program evaluations involving budget transparency HCS SB 1470 14 and accountability.

[The committee may form a subcommittee of not less than six members to provide direct supervision of the personnel and practices of the division.

The subcommittee shall consist of one-half of the members appointed by the chair from the house which he or she represents and one-half of the members appointed by the vice chair from the house which he or she represents.] 2.

Within the limits of the appropriations made for this division, the committee [shall] may regularly employ [a] and fix the compensation of the director of the oversight division and other personnel as it deems necessary.

The director shall be qualified by training and experience to conduct such evaluations, and he or she shall be directly responsible for those activities.

The director of the oversight division, with the consent of the joint committee, may employ personnel necessary to carry out the duties prescribed in this chapter.

Persons employed to work in the oversight division shall be professional persons possessing a wide knowledge and demonstrated expertise in governmental programming and financial planning, in conducting program review evaluations and analytic studies, and of federal, state, and local government budgetary processes, laws and regulations of the state of Missouri.

23.195.

1.

The oversight division of the committee on legislative research shall maintain a register of all state bonds or other evidences of indebtedness of all state agencies and of entities of the state given authority by law to incur indebtedness, whether or not the indebtedness is a liability of the state, including lease purchase agreements of at least ten thousand dollars for personal property which have been issued or entered into by the state of Missouri or by any state agency, authority or institution.

Indebtedness HCS SB 1470 15 compiled in the register shall include but not be limited to that incurred by the third state building fund, the higher education loan authority, the agriculture and small business revenue authority, the health and education facilities authority, the Missouri economic development commission, the [environment] environmental and energy resources improvement authority, the state-supported educational institutions of higher learning, the bi-state development authority, the several interstate bridge authorities, and any metro transportation districts.

The register shall contain all the details concerning the issuance and retirement of such bonds or other evidence of indebtedness, including, but not limited to, the date of issuance and maturity, the name of the issuing state agency, terms and costs of any lease purchase agreement if applicable, the rate of interest, the manner of redemption, the purpose for which issued, and, if retired, the date and manner of retirement.

2.

The oversight division shall report on the total bonded and other indebtedness including lease purchase agreements of this state and its various agencies, entities, and institutions to the individual members of the general assembly on or before January fifteenth of each year.

Copies of the report shall also be delivered to the governor, state auditor, state treasurer, and the state librarian.

Copies shall be made available to other interested parties.

Such report shall contain sufficient data and information to enable the members of the general assembly to determine the amount of indebtedness outstanding for each purpose for which bonded and other indebtedness has been incurred and the total amount of money which will be necessary to fully repay all principal and interest due on such bonded or other indebtedness or to fulfill the terms of HCS SB 1470 16 any lease purchase agreement;

including, but not limited to, a summary of all pertinent information contained in the register required by subsection 1 of this section.

3.

Inclusion of any indebtedness in this register shall not be construed that the indebtedness is, or is not, state indebtedness.

4.

The state auditor and each state agency and entity shall cooperate fully with the oversight division in collecting information for this register, and shall provide information as requested for inclusion therein.

[23.160.

1.

As used in this chapter, the term "program evaluation" means a study which determines and evaluates program performance according to program objectives, responsibilities, and duties as set forth by statute or regulation.

Program evaluations, in accordance with generally accepted program evaluation standards, shall determine:

(1) Whether the program is being performed and administered as authorized or required by law, and whether this action conforms with statutory intent;

(2) Whether the objectives and intended benefits are being achieved, and whether the absence of such achievements suggest the need for correction or additional legislation;

(3) Benefits derived from any program in relation to the expenditures made therefor;

and (4) Whether the program duplicates, overlaps, or conflicts with any other state program.

2.

As used in this chapter, the term "resources" includes appropriated funds, federal funds, grants, and personnel, and also includes equipment and space, whether assigned, owned or leased.

3.

As used in this chapter, the term "agency" includes each department and office within the executive branch of government and each identifiable unit thereof, including HCS SB 1470 17 institutions of higher learning, and each identifiable unit of the legislative and judicial branches of government.] [23.170.

1.

The oversight division of the committee on legislative research shall, pursuant to a duly adopted concurrent resolution of the general assembly, or pursuant to a resolution adopted by the committee on legislative research, conduct program evaluations of agencies as directed by any such resolution.

2.

The staff of any agency subject to a program evaluation shall fully cooperate with the staff of the oversight division and shall provide all necessary information and assistance for such an evaluation.

All records of an agency, unless otherwise expressly declared by law to be confidential, may be inspected by the oversight division staff while conducting the evaluation, and the agency subject to the evaluation shall afford the oversight division staff with ample opportunity to observe agency operations.

3.

All evaluations shall be completed within one year unless an extension is authorized by the committee, but progress reports shall be made to the committee at least quarterly.

4.

Any member of the general assembly and any committee of either house of the general assembly may submit requests for program evaluations to the committee on legislative research, and any agency may request an evaluation of its operations.

The director of the division shall present program evaluations completed during the previous legislative interim period to appropriate committees of each chamber during early hearings of those committees at the next regular session.] [23.262.

1.

Between September first and December first of the calendar year prior to the year in which a program subject to sections 23.250 to 23.298 is scheduled to sunset, the HCS SB 1470 18 committee shall conduct public hearings concerning but not limited to the application to the program of the criteria provided in section 23.268.

2.

The committee may hold the public hearings prior to September first if the evaluation of the program required in subdivision (3) of subsection 1 of section 23.259 is complete and available to the public.] ✓