Bill Text: MO HB1973 | 2014 | Regular Session | Introduced


Bill Title: Reorganized the Joint Committee on Legislative Research into the Revision, Oversight, and Policy Impact divisions

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2014-03-27 - Referred: Rules(H) [HB1973 Detail]

Download: Missouri-2014-HB1973-Introduced.html

SECOND REGULAR SESSION

HOUSE BILL NO. 1973

97TH GENERAL ASSEMBLY


 

 

INTRODUCED BY REPRESENTATIVES FLANIGAN (Sponsor) AND ALLEN (Co-sponsor).

5743H.01I                                                                                                                                                  D. ADAM CRUMBLISS, Chief Clerk


 

AN ACT

To repeal sections 23.020, 23.040, 23.080, 23.140, and 23.150, RSMo, and to enact in lieu thereof four new sections relating to the joint committee on legislative research.




Be it enacted by the General Assembly of the state of Missouri, as follows:


            Section A. Sections 23.020, 23.040, 23.080, 23.140, and 23.150, RSMo, are repealed and four new sections enacted in lieu thereof, to be known as sections 23.020, 23.040, 23.080, and 23.140, to read as follows:

            23.020. The committee shall perform the following services for the members of the general assembly:

            (1) Provide a research and reference service on legislative problems;

            (2) Upon written request, make investigation into legislative and governmental institutions of this state or other states to aid the general assembly;

            (3) Upon written request, assist and cooperate with any interim legislative committee or commission created by the general assembly;

            (4) Upon written request, draft or aid in drafting [bills,] courtesy resolutions[,] and memorials [and amendments] and render any other service in connection therewith for any member of the general assembly.

            23.040. [From the time the general assembly of the state convenes until it is adjourned finally, the committee on legislative research, through its representatives,] 1. The committee on legislative research shall organize a revision division, an oversight division, and a policy impact division to carry out the responsibilities and duties of the committee required by law.

            2. (a) The revision division shall be organized to perform all duties required by the committee in connection with its duties under chapter 3 and shall draft or aid in drafting courtesy resolutions and memorials for members of the senate and the house of representatives.

            (b) Within the limits of the appropriations made for this division, the revision division shall be comprised of the revisor of statutes and other personnel as the committee deems necessary. The revisor of statutes is subject to the qualifications prescribed under section 3.070. Persons employed to work in the revision division shall be under the supervision of the revisor of statutes 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.

            3. (a) The oversight division shall be organized to prepare fiscal notes and to conduct program evaluations of state agencies, including program evaluations involving budget transparency and accountability.

            (b) Within the limits of the appropriations made for this division, the committee shall employ a 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. All employees of the oversight division shall be under the supervision of the director of the oversight division, and he or she shall, as directed by the subcommittee, assign and supervise all work projects of the employees of that division.

            4. (a) The policy impact division shall be organized to provide a detailed and systematic analysis of the potential impacts of proposed or new legislation and shall give consideration to and service concerning any bill before the general assembly requested by any member of the senate or the house of representatives or any committee of the general assembly having the bills before it for consideration. This service shall continue after adjournment and during any recess or vacation. Employees of the committee shall not oppose or urge legislation but, upon request, shall assist members of the general assembly as to bills, resolutions and measures, [draft them in proper form] and furnish to members any available information upon matters which fall within the scope of the duties of the committee.

            (b) Within the limits of the appropriations made for this division, the committee shall employ a director of the oversight division and other personnel as it deems necessary. All employees of the policy impact division shall be under the supervision of the director of the policy impact division and he or she shall, as directed by the subcommittee, assign and supervise all work projects of the employees of that division.

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

            23.080. [1. The committee may regularly employ and fix the compensation of a director of research who is competent to assume administration of the necessary activities of the committee under the direction of the committee. The committee may also employ other attorneys, research assistants, clerks and other persons as it deems necessary within the limits of the appropriation made therefor to carry out the provisions of this chapter or to provide assistance for the members and committees of the general assembly. 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 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.

            23.140. 1. Legislation, with the exception of appropriation bills, [introduced into] voted out of any committee of 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 of this section 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] five 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 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 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.

[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 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 employ a 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.]

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