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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : LEGISLATIVE BRANCH
Chapter : Chapter 23 Committee on Legislative Research
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A permanent joint committee of the general assembly known as the
"Committee on Legislative Research", to be comprised of the chairman of
the senate appropriations committee and nine other members of the senate
and the chairman of the house budget committee and nine other members of
the house of representatives, is established and its offices are in the
capitol building, Jefferson City, Missouri. The senate members of the
committee shall be appointed by the president pro tem of the senate and
the house members shall be appointed by the speaker of the house and
appointment of each member shall continue during his term of office as a
member of the general assembly, or until a successor is appointed to fill
the place of any committee member whose term of office has expired. No
major party shall be represented by more than six members from the house
nor more than six from the senate on the committee. The general assembly,
by a majority vote of the elected members, may discharge any or all of
the members of the committee at any time and select their successors.
(RSMo 1939 § 14737, A.L. 1943 p. 632, A.L. 1945 p. 1136, A.L. 1957 p.
595, A.L. 1984 H.B. 1087)
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, resolutions,
memorials and amendments and render any other service in connection
therewith for any member of the general assembly. (L. 1943 p. 632 §
14743A, A.L. 1957 p. 595)
CROSS REFERENCE: Revision of statutes, duties of committee, Chap. 3, RSMo
The legislative library room located on the third floor of the
capitol building and in a northerly position between the senate chamber
and the house chamber is set aside as a legislative library quarters
under the direction and control of the committee on legislative research.
Out of an appropriation made for that purpose, the committee on
legislative research shall maintain a reference service which shall be
available to the general assembly and the public. This service may
include the following specific functions:
(1) Maintain a legislative library and purchase for the library any
printed or written reference material relating to problems of the state
or political subdivisions as would in the judgment of the committee aid
the members of the general assembly;
(2) Secure and file copies of all bills, resolutions, amendments,
memorials, reports of committees, journals and other documents printed by
order of either house of the general assembly; and collect, catalogue and
index material as soon as practicable after it has been printed;
(3) Keep an index or digest of the action on each bill, resolution, and
memorial by either body of the general assembly and the governor, the
digest to be printed and distributed at intervals the committee deems
practicable. (RSMo 1939 § 14743, A.L. 1943 p. 632, A.L. 1957 p. 595)
From the time the general assembly of the state convenes until it
is adjourned finally, the committee on legislative research, through its
representatives, 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. (RSMo 1939 § 14745, A.L. 1943 p. 632, A.L. 1957 p. 595)
Any bill denominated as a revision bill by the committee shall
contain only that subject matter approved by the committee and additional
material may not be amended thereto, unless needed as a technical
correction. (L. 1992 H.B. 1849 § 2)
Effective 5-28-92
1. The committee may obtain information upon the needs,
organization, functioning, efficiency and financial status of any
department of state government or of any institution or agency which is
supported in whole or in part by revenue of the state; collect and
assemble information concerning the revenue of the state and the tax
resources of the state and upon questions of statewide interest which may
reasonably become subjects of legislative action or of legislative
consideration; make available such information as is requested by any
member or member-elect of the general assembly.
2. The committee shall compile a report of its activities and a detailed
account of its expenditures for submission to the general assembly, which
report shall be completed at least thirty days prior to the convening of
each regular session of the general assembly. The report shall be mailed
to the post-office address of each member of the present and forthcoming
general assembly and a copy of the report shall be submitted to each
state elective officer. The report shall include any recommendations for
legislative action as well as any recommendations which the committee
desires to make concerning the efficient and economical operation of the
state government. (L. 1943 p. 632 § 14745A, A.L. 1957 p. 595)
The material, including books and other publications of the
research library maintained by the committee, is available to the members
of the general assembly. All officers of the state, all departments,
commissions and bureaus of the state, and all persons connected
therewith, the University of Missouri, the teachers' colleges and all
agencies of the state which are supported in whole or in part by state
funds shall give the committee, or its duly authorized representatives,
complete access to their records and full information and all reasonable
assistance in any matter of research or investigation which, in the
judgment of the committee, requires recourse to them or to data within
their knowledge or control; but this section does not compel the
disclosure of any records or information which is declared to be
privileged or confidential by any other law of this state, unless the
committee is specifically authorized to procure the information by a
concurrent resolution adopted by the general assembly. (RSMo 1939 §
14744, A.L. 1943 p. 632, A.L. 1957 p. 595, A.L. 1988 S.B. 519)
The committee on legislative research shall meet within ten days
after the convening of each general assembly and organize by selecting a
chairman and a vice chairman, one of whom shall be a member of the senate
and one of whom shall be a member of the house of representatives. Until
January of 1985, the chairman shall be a member of the house. In 1985 the
chairman shall be a member of the senate. In 1987 the chairman shall be a
member of the house. The chairmanship shall alternate between members of
the senate and house each two years after 1987. The director shall serve
as secretary to the committee on legislative research. Unless otherwise
directed by the committee, he shall keep the records of the committee and
be subject to the jurisdiction and order of the committee during the
vacation or recess of the general assembly. The regular meeting place of
the committee shall be in Jefferson City, Missouri, and after its
inception and organization it shall regularly meet at least once every
three months. A majority of the members of the committee shall constitute
a quorum and a majority of a quorum may act for the entire committee.
Special meetings of the committee may be called at such time and place
within the state as the chairman thereof designates. (RSMo 1939 § 14738,
A.L. 1943 p. 632, A.L. 1945 p. 1126, A.L. 1957 p. 595, p. 614, A.L. 1977
S.B. 419, A.L. 1984 H.B. 1087, A.L. 1985 S.B. 354)
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. (RSMo 1939 § 14746, A.L. 1943 p. 632, A.L. 1957 p.
595, A.L. 1977 S.B. 419, A.L. 1985 S.B. 354)
The committee on legislative research has charge and control of
the legislative library and all other space within the capitol assigned
to it. (RSMo 1939 § 14739, A.L. 1943 p. 632, A.L. 1957 p. 595, A.L. 1977
S.B. 419)
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 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 auditing functions and
duties, during the interim, and each staff shall supply such information
or advice as it may possess 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. (L.
1984 H.B. 1087, A.L. 1985 S.B. 354, A.L. 1996 H.B. 1123)
1. The committee on legislative research shall organize an
oversight division to prepare fiscal notes and to conduct management
audits and program audits of state agencies. 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 chairman from the
house which he represents and one-half of the members appointed by the
vice chairman from the house which he 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 audits, and he 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. Office space, furniture
and equipment formerly assigned to the committee on state fiscal affairs,
and appropriations made therefor, shall be transferred to the committee
on legislative research. (L. 1984 H.B. 1087, A.L. 1985 S.B. 354)
CROSS REFERENCE: Federal mandate auditor, director of oversight to serve,
duties, RSMo 33.825 to 33.831
(1997) Section declared unconstitutional pursuant to article II, section
1 and article IV, section 13 of the Missouri Constitution. State Auditor
v. Joint Committee on Legislative Research, 956 S.W.2d 228 (Mo.banc).
1. As part of the preparation of any fiscal note for any proposed
piece of legislation, the staff member of the oversight division assigned
to prepare that note shall maintain a log, which shall be a public record
as defined in chapter 610, RSMo. That log shall contain a record of any
contact initiated by any other person who either inquires regarding the
content of the fiscal note or who attempts to influence the preparation
of the fiscal note. The log shall contain, at a minimum, the name and
position of the person initiating the contact, the time and date of the
contact, the number of the fiscal note and the number of the proposed
piece of legislation, and a narrative summary of the comments made by the
person who initiated the contact.
2. Violation of the provisions of this section is a class A misdemeanor.
(L. 1984 H.B. 1087)
1. As used in this chapter, the term "management audit" means a
postaudit which determines, with regard to the purpose, functions, and
duties of an audited agency:
(1) Whether the agency is managing and utilizing its resources in an
economical and efficient manner; and
(2) Which identifies causes of inefficiencies or uneconomical practices
including inadequacies in the use and management of information systems,
internal and administrative procedures, organizational structure, use of
resources, allocation of personnel, and purchasing policies.
2. As used in this chapter, the term "program audit" means a postaudit
which determines and evaluates program performance according to program
objectives, responsibilities, and duties as set forth by statute or
regulation. Program audits, 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 efficiently and effectively;
(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.
A program audit may include determinations within the scope of a
management audit to the extent necessary or appropriate to the conduct of
a particular program audit.
3. 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.
4. 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 institutions of higher learning, and
each identifiable unit of the legislative and judicial branches of
government. (L. 1984 H.B. 1087)
(1997) Section declared unconstitutional pursuant to article II, section
1 and article IV, section 13 of the Missouri Constitution. State Auditor
v. Joint Committee on Legislative Research, 956 S.W.2d 228 (Mo.banc).
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 management audits and program audits of
agencies as directed by any such resolution.
2. The staff of any agency subject to a management or program audit shall
fully cooperate with the staff of the oversight division and shall
provide all necessary information and assistance for such an audit. 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 audit, and the agency subject to the audit shall afford
the oversight division staff with ample opportunity to observe agency
operations.
3. All audits 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 monthly. The subcommittee supervising the oversight
division shall meet monthly to review progress reports, hear requests for
changes in fiscal notes, and provide supervision for the oversight
division staff.
4. Any member of the general assembly and any committee of either house
of the general assembly may submit requests for audits to the committee
on legislative research, and any agency may request an audit of its
operations. (L. 1984 H.B. 1087, A.L. 1985 S.B. 354)
(1997) Section declared unconstitutional pursuant to article II, section
1 and article IV, section 13 of the Missouri Constitution. State Auditor
v. Joint Committee on Legislative Research, 956 S.W.2d 228 (Mo.banc).
The committee may:
(1) Subpoena and examine witnesses by subpoena issued under the hand of
the speaker of the house or the president pro tem of the senate and may
require the appearance of any person and the production of any paper or
document in the same manner;
(2) Cause witnesses appearing before the committee or the staff of the
division to give testimony under oath;
(3) Require that testimony given or a record of the proceedings of any
hearing be recorded by an official court reporter or other competent
person, under oath, in writing or by electronic, magnetic, or mechanical
sound or video recording devices. Any such transcript or record, when
certified by the reporter or recorder, shall be prima facie a correct
statement of the testimony or proceedings. (L. 1984 H.B. 1087)
1. In making audits the division shall make recommendations and
suggestions, in writing, to the personnel of the agency being audited.
Such personnel shall be given an opportunity to respond, in writing, to
those recommendations and suggestions. Thereafter, as soon as practicable
after completion of the audit, the committee shall issue a public report
of the audit. The report shall contain recommendations for changes in
practices and policies as well as recommendations for changes in statutes
and regulations, and shall contain the response of the agency involved.
Each report shall be a public record and shall be signed by the committee
chairman. Each report shall be presented to the governor and the agency
involved. Copies may be made available to members of the general assembly
and to the general public. The committee may charge a fee to recover
publication costs for copies made available to the general public.
2. One year after completion of each audit, the oversight division shall
review the operations of the agency audited to determine whether or not
there has been substantial compliance with the recommendations contained
in the report, and if not, a further review shall be conducted at the end
of another year. In each instance a further report shall be made and
distributed in the same manner as an initial report is made and
distributed. (L. 1984 H.B. 1087)
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 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
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 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. (L. 1989 H.B. 493 § 2, A.L. 1995 H.B. 574)
The staff of the committee on legislative research shall prepare
a transfer-revision bill to be submitted to the ninetieth general
assembly to revise the statutes so as to reflect the changes made by or
pursuant to this act*; except that, the committee on legislative research
shall use fully the provisions of section 3.060, RSMo, where such
provisions will suffice. At such time as all statutory revision changes
required pursuant to this act* have gone into effect the revisor of
statutes may prepare legislation to repeal this section. (L. 1999 H.B.
343 § 2)
*"This act" (H.B. 343, 1999) contained numerous sections. Consult
Disposition of Sections table for a definitive listing.
The joint committee on legislative research shall file a report
with the general assembly by January third of each year which provides a
detailed listing of all statutes which expire, sunset, terminate, or
otherwise become ineffective by their own provisions within the next two
years. (L. 2003 S.B. 548)
Sections 23.250 to 23.298 shall be known and may be cited as the
"Missouri Sunset Act". (L. 2003 S.B. 299 & 40)
1. As used in sections 23.250 to 23.298, the following terms mean:
(1) "Agency", any department, division, or agency of the state
responsible for the administration of a program;
(2) "Committee", the committee on legislative research established in
section 35, article III, Constitution of Missouri and section 23.010;
(3) "Program", a distinct and coherent set of activities authorized by
the general assembly through the legislative process intended to affect a
clearly definable target group, problem, or issue and which can be
appropriated through the budget process or nonappropriated, as in the
case of tax credits;
(4) "Sunset", the termination of legislative authorization of a program.
2. After August 28, 2003, any new program authorized by the general
assembly shall sunset not more than six years after its effective date
unless reauthorized by an act of the general assembly. No funds may be
expended on a program after its authorization has terminated. Legislation
passed after August 28, 2003, shall indicate whether it contains a
program subject to the Missouri sunset act. Any such program shall have a
sunset clause clearly indicating the date of termination without
reauthorization.
3. Any program reauthorized by the general assembly pursuant to this
section shall include a provision specifying that the program shall
sunset at a date not more than twelve years from the effective date of
the program's reauthorization.
4. Any program to which money was appropriated prior to August 28, 2003,
may at any time be subject to review of the committee by a majority vote
of its members for the purpose of recommending to the general assembly
its continuation or sunset. The committee shall conduct public hearings
concerning but not limited to the application to the program of the
criteria provided in section 23.268, and shall issue a report pursuant to
subsection 1 of section 23.271. The committee may recommend to the
general assembly by a majority vote of its members that a program under
review, to which money was appropriated prior to August 28, 2003, be
sunset, continued, or reorganized. The committee shall submit such
recommendation to all members of the general assembly within thirty
calendar days of the vote in which such recommendation is made. (L. 2003
S.B. 299 & 40)
Before October thirtieth of the second calendar year prior to the
year in which a state program subject to sections 23.250 to 23.298 is
scheduled to sunset, the agency shall report to the committee:
(1) Information regarding the application to the program of the criteria
in section 23.268; and
(2) Any other information that the agency considers appropriate or that
is requested by the committee. (L. 2003 S.B. 299 & 40)
1. Before September 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 committee shall:
(1) Review and take action necessary to verify the reports submitted by
the agency pursuant to section 23.256;
(2) Consult with the budget committee of the house of representatives,
the appropriations committee of the senate, the office of budget and
planning, the state auditor, and the state treasurer on the application
to the agency of the criteria provided in section 23.268; and
(3) Conduct a performance evaluation of the program based on the criteria
provided in section 23.268 and prepare a written report.
2. The written report prepared by the committee pursuant to subdivision
(3) of subsection 1 of this section shall be deemed a public record. (L.
2003 S.B. 299 & 40)
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 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. (L. 2003 S.B.
299 & 40)
*Section "23.268" appears in original rolls, an apparent typographical
error.
1. At the beginning of each regular session of the general
assembly, the committee shall present to the general assembly and the
governor a report on the programs scheduled to be sunset.
2. In the report, the committee shall include:
(1) Its specific findings regarding each of the criteria prescribed by
section 23.268;
(2) Its recommendations based on the matters prescribed by section
23.271; and
(3) Any other information the committee deems necessary for a complete
evaluation of the program. (L. 2003 S.B. 299 & 40)
The committee and its staff shall consider the following criteria
in determining whether a public need exists for the continuation of a
program, or for the performance of the functions of the program:
(1) The efficiency with which the program operates;
(2) An identification of the objectives intended for the program and the
problem or need that the program was intended to address, the extent to
which the objectives have been achieved, and any activities of the agency
in addition to those granted by statute and the authority for such
activities;
(3) An assessment of less restrictive or alternative methods of
performing any rule or regulation that the agency performs that could
adequately protect the public;
(4) The extent to which the jurisdiction of the agency and the programs
administered by the agency overlap or duplicate those of other agencies
and the extent to which the programs administered by the agency can be
consolidated with the programs of other state agencies;
(5) Whether the agency has recommended to the general assembly statutory
changes calculated to be of benefit to the public rather than to an
occupation, business, or institution that the agency regulates;
(6) The promptness and effectiveness with which the agency disposes of
complaints concerning persons affected by the program;
(7) The extent to which the agency has encouraged participation by the
public in making rules and decisions as opposed to participation solely
by those it regulates and the extent to which the public participation
has resulted in rules compatible with the objectives of the program;
(8) The extent to which the agency has complied with applicable
requirements of:
(a) An agency of the United States or this state regarding equality of
employment opportunity and the rights and privacy of individuals; and
(b) State law and applicable rules of any state agency regarding
purchasing goals and programs for historically underutilized businesses;
(9) The extent to which changes are necessary in the enabling statutes of
the program so that the agency can adequately comply with the criteria
established in this section;
(10) The extent to which the agency issues and enforces rules relating to
potential conflicts of interest of its employees;
(11) The extent to which the agency complies with chapter 610, RSMo, and
follows records management practices that enable the agency to respond
efficiently to requests for public information; and
(12) The effect of federal intervention or loss of federal funds if the
program is sunset. (L. 2003 S.B. 299 & 40)
1. In its report on a program, the committee shall:
(1) Make recommendations on the sunset, continuation, or reorganization
of each affected program and on the need for the performance of the
functions of the program;
(2) Make recommendations on the consolidation, transfer, or
reorganization of programs within state agencies not under review when
the programs duplicate functions performed in programs under review;
(3) Recommend appropriation levels for each program for which sunset or
reorganization is recommended pursuant to subdivision (1) or (2) of this
subsection; and
(4) Include drafts of legislation necessary to carry out the committee's
recommendations pursuant to subdivisions (1) and (2) of this subsection.
2. On the date the committee presents its report to the general assembly
pursuant to section 23.265, the committee shall present to the state
auditor the committee's recommendations that do not require a statutory
change to be put into effect. The state auditor shall examine the
recommendations and shall prepare, as part of the next scheduled audit of
the program, a report on the manner in which the agency has implemented
the recommendations. (L. 2003 S.B. 299 & 40)
1. In the two-year period preceding the date scheduled for the
sunset of a program pursuant to sections 23.250 to 23.298, the committee
may exempt certain agencies from the requirements of sections 23.250 to
23.298 relating to staff reports, hearings, and evaluations.
2. The committee shall only exempt programs that have been inactive for a
period of two years preceding the date the program is scheduled to sunset.
3. The committee's action in exempting programs pursuant to this section
shall be done by an affirmative record vote of all members of the
committee. (L. 2003 S.B. 299 & 40)
During each regular or special session of the general assembly,
the staff of the committee shall monitor legislation affecting programs
that have undergone sunset review and shall periodically report to the
members of the committee on proposed changes which would modify prior
recommendations of the committee. (L. 2003 S.B. 299 & 40)
Sections 23.250 to 23.298 shall not prohibit the general assembly
from:
(1) Terminating a program at a date earlier than that provided in
sections 23.250 to 23.298; or
(2) Considering any other legislation relative to a program subject to
sections 23.250 to 23.298. (L. 2003 S.B. 299 & 40)
1. A program that is sunset may continue in existence until
September first of the following year to conclude its business. Unless
the law provides otherwise, sunset does not reduce or otherwise limit the
powers and authority of the agency during the concluding year. A program
is terminated and shall cease all activities at the expiration of the
one- year period. Unless the law provides otherwise, all rules adopted by
the state agency shall expire at the expiration of the one-year period.
2. Any unobligated and unexpended appropriations of a sunset program
lapse on September first of the year after sunset.
3. Except as provided by subsection 5 of this section or as otherwise
provided by law, all moneys in a dedicated fund of a program that sunsets
on September first of the year after sunset shall be transferred to the
credit of the general revenue fund. Any law or portion of a law
dedicating the moneys to a specific fund of a program that sunsets shall
become void on September first of the year after sunset.
4. Unless the governor designates an appropriate state agency as
prescribed in subsection 5 of this section, property and records in the
custody of an agency administering a sunset program on September first of
the year after sunset shall be transferred to the office of
administration. If the governor designates an appropriate state agency,
the property and records shall be transferred to the designated state
agency.
5. In recognition of the state's continuing obligation to pay bonded
indebtedness and all other obligations, including lease, contract, and
other written obligations, incurred by a program pursuant to sections
23.250 to 23.298, sections 23.250 to 23.298 shall not impair or impede
payment of bonded indebtedness and all other obligations, including
lease, contract, and other written obligations, in accordance with their
terms. If an agency has outstanding bonded indebtedness or other
outstanding obligations for a sunset program, including lease, contract,
or other written obligations, the bonds and all other such obligations
remain valid and enforceable in accordance with their terms and subject
to all applicable terms and conditions of the laws and proceedings
authorizing the bonds and all other such obligations. The governor shall
designate an appropriate state agency to continue to carry out all
covenants contained in the bonds and all other such obligations, and the
proceedings authorizing them, including the issuance of bonds, and the
performance of all other such obligations to complete the construction of
projects or the performance of other such obligations. The designated
state agency shall provide payment from the sources of payment of the
bonds in accordance with the terms of the bonds and shall provide payment
from the sources of payment from all other such obligations in accordance
with their terms, whether from taxes, revenues, or otherwise, until the
bonds and interest on the bonds are paid in full and are performed and
paid in full. If the proceedings so provide, all funds established by law
or proceedings authorizing the bonds or authorizing other such
obligations shall remain with the state treasurer or previously
designated trustees. If the proceedings do not provide that the funds
remain with the state treasurer or previously designated trustees, the
funds shall be transferred to the designated state agency. (L. 2003 S.B.
299 & 40)
1. The committee may request the assistance of state agencies and
officers to assist in gathering information pursuant to the committee
objective.
2. In carrying out its functions pursuant to sections 23.250 to 23.298,
the committee or its designated staff member may inspect the records,
documents, and files of any state agency. (L. 2003 S.B. 299 & 40)
If an employee is displaced because a program is sunset,
reorganized, or continued, the state agency and the division of workforce
development in the department of economic development shall make a
reasonable effort to relocate the displaced employee. (L. 2003 S.B. 299 &
40)
Except as otherwise expressly provided, sunset of a program does
not affect the rights and duties that matured, penalties incurred or
imposed, civil or criminal liabilities that arose, or proceedings
initiated before the effective date of the sunset. (L. 2003 S.B. 299 & 40)
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