LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 76th Regular Session April 19, 1999 TO: Honorable Florence Shapiro, Chair, Senate Committee on State Affairs FROM: John Keel, Director, Legislative Budget Board IN RE: SB418 by Moncrief (relating to procedures for and access to reports of political contributions and expenditures; providing a civil penalty), Committee Report 1st House, Substituted ************************************************************************** * Estimated Two-year Net Impact to General Revenue Related Funds for * * SB418, Committee Report 1st House, Substituted: negative impact * * of $(63,733) through the biennium ending August 31, 2001. * * * * The bill would make no appropriation but could provide the legal * * basis for an appropriation of funds to implement the provisions of * * the bill. * ************************************************************************** General Revenue-Related Funds, Five-Year Net Impact: **************************************************** * Fiscal Year Probable Net Positive/(Negative) * * Impact to General Revenue Related * * Funds * * 2000 $0 * * 2001 (63,733) * * 2002 (63,733) * * 2003 (63,733) * * 2004 (63,733) * **************************************************** All Funds, Five-Year Impact: *************************************************************************** *Fiscal Probable Savings/(Cost) from Change in Number of State * * Year General Revenue Fund Employees from FY 1999 * * 0001 * * 2000 $0 0.0 * * 2001 (63,733) 1.0 * * 2002 (63,733) 1.0 * * 2003 (63,733) 1.0 * * 2004 (63,733) 1.0 * *************************************************************************** Technology Impact The Ethics Commission projects that the bill would require it to upgrade its data base, to create a fully searchable retrieval data base and to purchase four additional terminals to provide public access to electronic reports. Fiscal Analysis The bill would require campaign finance reports filed with the Ethics Commission to be filed by electronic transfer through the Internet, using computer software provided by the commission. The bill would exempt a candidate, officeholder or a political committee from the electronic filing requirement if the Ethics Commission does not provide computer software to the filer sooner than 30 days before the end of the reporting period. The bill would also exempt candidates, officeholders, and political committees from that requirement if their contributions and expenditures do not exceed $15,000 in a calendar year. Candidates, officeholders and committees who file affidavits stating that their computer equipment is not used to keep records of contributions or expenditures or does not have access to the Internet would also be exempt from the requirement. The bill would require the Ethics Commission to produce indexes of campaign finance reports, to annually publish a report summarizing information contained in those reports, and to make information from those reports available by electronic means. Additionally, the bill would require the Ethics Commission to make campaign finance reports available for public inspection not later than the second business day after receipt. Methodology The Ethics Commission anticipates that the requirement to maintain and publish indexes of campaign finance reports and to make the reports available by electronic means would require computer programming and a system to update and distribute the indexes of reports. The agency anticipates that the publication of the indexes of campaign finance reports and the annual summary of the reports by electronic means would require programming to make the information available on the Internet and on terminals for public viewing at the agency. The agency also projects that making the indexes and summaries accessible electronically would require the creation of a system for querying the information filed electronically. The agency reports that one additional employee for the Computer Services Division would be necessary. The bill would exempt candidates, officeholders and committees from the electronic filing requirement, if the Ethics Commission does not provide them software to file electronically through the Internet. The bill would not require the agency to provide this software. Furthermore, the bill would exempt candidates, officeholders and committees from the electronic filing requirement, if they use computers that do not have access to the Internet. In light of these exemptions, this fiscal note assumes that there will not be a significant increase in electronic filings. Therefore, this fiscal note assumes there is not a significant fiscal impact resulting from the electronic filing provisions. The agency reports that requiring electronic filing would necessitate contracting with a vendor for programming at a cost of $250,000. This fiscal note assumes those programming costs would not be necessary. The effective date of the bill is July 1, 2000 which is two months before the end of fiscal year 2000. This fiscal note assumes the bill would not cause a significant fiscal impact during those two months. Local Government Impact No fiscal implication to units of local government is anticipated. Source Agencies: 356 Ethics Commission LBB Staff: JK, SD, PH, SG