COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.: 3324-01
Bill No.: HB 2059
Subject: Education, Elementary and Secondary; Teachers; Boards, Commissions, Committees, Councils; Employees - Employers; Labor and Management; Teachers
Type: Original
Date: March 14, 2008
Bill Summary: Establishes procedures for professional relationships between teachers and school districts.
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUND |
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FUND AFFECTED |
FY 2009 |
FY 2010 |
FY 2011 |
|
|
|
|
|
|
|
|
Total Estimated Net Effect on General Revenue Fund |
$0 |
$0 |
$0 |
ESTIMATED NET EFFECT ON OTHER STATE FUNDS |
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FUND AFFECTED |
FY 2009 |
FY 2010 |
FY 2011 |
|
|
|
|
|
|
|
|
Total Estimated Net Effect on Other State Funds |
$0 |
$0 |
$0 |
Numbers within parentheses: ( ) indicate costs or losses.
This fiscal note contains 6 pages.
ESTIMATED NET EFFECT ON FEDERAL FUNDS |
|||
FUND AFFECTED |
FY 2009 |
FY 2010 |
FY 2011 |
General Revenue |
($222,888) |
($266,827) |
($274,833) |
|
|
|
|
Total Estimated Net Effect on All Federal Funds |
($222,888) |
($266,827) |
($274,833) |
ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE) |
|||
FUND AFFECTED |
FY 2009 |
FY 2010 |
FY 2011 |
General Revenue |
3 FTE |
3 FTE |
3 FTE |
|
|
|
|
Total Estimated Net Effect on FTE |
3 FTE |
3 FTE |
3 FTE |
☐ Estimated Total Net Effect on All funds expected to exceed $100,000 savings or (cost).
☒ Estimated Net Effect on General Revenue Fund expected to exceed $100,000 (cost).
ESTIMATED NET EFFECT ON LOCAL FUNDS |
|||
FUND AFFECTED |
FY 2009 |
FY 2010 |
FY 2011 |
Local Government |
$0 |
$0 |
$0 |
FISCAL ANALYSIS
ASSUMPTION
Officials from the Office of State Courts Administrator state this proposal has no fiscal impact on the Courts.
Officials from the Office of State Public Defender state this proposal will have no impact on their agency.
Officials from the Office of Secretary of State (SOS) assume many bills considered by the General Assembly include provisions allowing or requiring agencies to submit rules and regulations to implement the act. The SOS is provided with core funding to handle a certain amount of normal activity resulting from each year’s legislative session. The fiscal impact to the SOS office for Administrative Rules for this proposal is less than $2,500. The SOS recognizes this is a small amount and does not expect additional funding would be required to meet these costs. However, SOS also recognizes that many such bills may be passed in a given year and that collectively the costs may be in excess of what the SOS can sustain with their core budget. Any additional required funding would be handled through the budget process.
Officials from the Department of Elementary and Secondary Education (DESE) assume that at the state level, the costs would be similar to a public sector labor relations process, with a commission established to settle disputes and investigate unfair union or employer labor practices. DESE defers to the Department of Labor and Industrial Relations regarding such costs. DESE also defers to the local districts regarding costs to districts.
Officials from the Office of Prosecution Services (OPS) assume this proposed legislation purports to create a new criminal offense for anyone who "resists, prevents, impedes, or interferes with any member of the commission, or any of its agents in the performance of duties". Any new criminal law creates the potential for an increase in the number of cases referred for prosecution.
In the absence of any estimates of the number of additional criminal cases that would be referred to County Prosecutors for charges because of this proposed legislation, it is not possible to provide estimates concerning the extent of any fiscal impact. Additionally, OPS is not otherwise able to establish a workable estimate of the number of additional criminal cases that would be referred to County Prosecutors for charges.
It is assumed there would not be a significant number of additional criminal cases referred to
prosecutors as a result of this proposed legislation and that any direct fiscal impact on County ASSUMPTION (continued)
Prosecutors would not be significant.
It is assumed this proposal would not have a significant direct fiscal impact on the Office of Prosecution Services.
Oversight assumes the Office of Prosecution Services and county prosecutors could absorb any additional costs incurred as a result of the proposed legislation within existing resources.
Officials from the Department of Labor and Industrial Relations (DOLIR) assume this proposed legislation requires DOLIR to promulgate extensive regulations dealing with existing certifications, petition and election procedures, unfair labor practices and bad faith claims and hearings, impasse procedures, and mediation and arbitration procedures. DOLIR estimates this will take 120 hours of attorney time. This can be absorbed with existing staff.
DOLIR anticipates the additional deadline requirements, anticipated increase in petitions (because of the addition of teachers), increased filing and tickler requirements, increased checks of showings of interest and correspondence, large number of anticipated unfair labor practice and bad faith filings and written requests to negotiate, and the call-ins connected with these matters, will require at least one additional full-time employee. DOLIR previously had one full time administrative assistant to handle previous duties. The additional duties will require at least two full-time administrative employees. This is in addition to the Chair position.
DOLIR also estimates a full-time administrative law judge (ALJ) is needed due to the large number of anticipated unfair labor practice and bad faith claims and the hearings connected with these claims. The Chairman and ALJ, in turn, would need the services of at least one full-time attorney to help with elections, legal correspondence, contract bar reviews, decision writing and research.
DOLIR anticipates the in-person unit hearings will require an average of two nights per week travel and overnight expenses.
Officials from the Kansas City Metropolitan Community College state this proposal will have no direct fiscal impact on their institution.
Oversight assumes potential costs to school districts are speculative and for fiscal note purposes will not be assigned. Oversight assumes any monies received from fines that would be transmitted to the State School Moneys Fund are speculative and for fiscal note purposes will not be assigned.
ASSUMPTION (continued)
This proposal was sent to the following school districts, none of which responded to a request for fiscal note: St Louis City Public School District; Poplar Bluff; Columbia; Springfield; Parkway; Nixa.
FISCAL IMPACT - State Government |
FY 2009 (10 Mo.) |
FY 2010 |
FY 2011 |
GENERAL REVENUE |
|
|
|
|
|
|
|
Cost - Department of Labor |
|
|
|
Personal Service (3 FTE) |
($140,197) |
($173,283) |
($178,482) |
Fringe Benefits |
($61,995) |
($76,626) |
($78,925) |
Expense and Equipment |
($20,696) |
($16,918) |
($17,426) |
Total Cost - Department of Labor |
($222,888) |
($266,827) |
($274,833) |
|
|
|
|
ESTIMATED NET EFFECT ON GENERAL REVENUE |
($222,888) |
($266,827) |
($274,833) |
|
|
|
|
Estimated Net FTE Change for General Revenue |
3 FTE |
3 FTE |
3 FTE |
FISCAL IMPACT - Local Government |
FY 2009 (10 Mo.) |
FY 2010 |
FY 2011 |
|
|
|
|
|
$0 |
$0 |
$0 |
FISCAL IMPACT - Small Business
No direct fiscal impact to small businesses would be expected as a result of this proposal.
FISCAL DESCRIPTION
This proposed legislation creates the Professional Relationships Between Teachers and School Districts Act, which establishes procedures for collective bargaining between public school employers and public school employees.
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 State Courts Administrator
Department of Elementary and Secondary Education
Department of Labor and Industrial Relations
Office of Prosecution Services
Office of Secretary of State
Administrative Rules Division
Office of State Public Defender
Kansas City Metropolitan Community College
NOT RESPONDING
School Districts
St Louis City
Poplar Bluff
Columbia
Springfield
Parkway
Nixa
Mickey Wilson, CPA
Director
March 14, 2008