Fiscal Note & Local Impact Statement

125 th General Assembly of Ohio

Ohio Legislative Service Commission

77 South High Street, 9th Floor, Columbus, OH 43215-6136 Phone: (614) 466-3615

Internet Web Site: http://www.lsc.state.oh.us/

BILL:

Proposed Sub. H.B. 398 (LSC 125 1225-4)

DATE:

November 9, 2004

STATUS:

In House Health

SPONSOR:

Rep. Stewart

LOCAL IMPACT STATEMENT REQUIRED:

No ó

Minimal cost, the As Introduced version of the fiscal note contained costs to local government entities.The Substitute version of the bill deletes the provisions affecting local government entities, thereby changing the local impact statement to no local impact.

 


CONTENTS:

Requires the Department of Mental Health to create compilations of information about patients buried, entombed, or inurned in cemeteries located on the grounds of or adjacent to the grounds of hospitals under the Departmentís control

 

State Fiscal Highlights

 

STATE FUND

FY 2005

FY 2006

FUTURE YEARS

General Revenue Fund

†††† Revenues

- 0 -

- 0 -

- 0 -

†††† Expenditures

Potential minimal increase

Potential minimal increase

Potential minimal increase

Note:The state fiscal year is July 1 through June 30.For example, FY 2005 is July 1, 2004 Ė June 30, 2005.

 

        Department of Mental Health,.The bill requires the Department of Mental Health (DMH) to create a separate compilation of patients buried, entombed, or inurned, for each cemetery located on the grounds of or adjacent to the grounds of a public hospital that is under the control of the Department.The bill states that the Department shall use its best efforts to create the most complete compilation possible and sets the timeframe for the compilation of up to three years after the effective date of the bill.The increased workload to the Department should create no more than a minimal fiscal burden, at most.Further, this workload increase should be a one-time increase. The bill also requires the Department to provide a copy of the compilation for the Ohio Historical Society and the state library.For the purposes of this fiscal analysis, minimal means an estimated expenditure increase of no more than $100,000 per year for the state.

        Ohio Historical Society.The bill requires that the Ohio Historical Society (OHS), and each state agency that may have access to records of death, burial, entombment, or inurnment, must provide DMH access to the records, at the request of the Department, for purposes of creating the compilation.This provision may result in an increase in costs to OHS, or the affected state agency, for staff to gather the records requested.However, it should be no more than a minimal increase, at most.The bill also requires OHS to file a copy of the compilation, once it is received from DMH.

 


 


 

Detailed Fiscal Analysis

 

Department of Mental Health

 

The bill requires the Department of Mental Health (DMH) to create a separate compilation of patients buried, entombed, or inurned, for each cemetery located on the grounds of or adjacent to the grounds of a public hospital that is under the control of the Department.The bill states that the Department shall use its best efforts to create the most complete compilation possible and sets the timeframe for the compilation of up to three years after the effective date of the bill.The increased workload to the Department should create no more than a minimal fiscal burden, at most.Further, this workload increase should be a one-time increase.The bill also requires the Department to provide a copy of the compilation for the Ohio Historical Society and the state library.For the purposes of this fiscal analysis, minimal means an estimated expenditure increase of no more than $100,000 per year for the state.

 

Ohio Historical Society

 

The bill requires that the Ohio Historical Society (OHS), and each state agency that may have access to records of burial, entombment, or inurnment, must provide DMH access to the records, at the Departmentís request, for purposes of creating compilations.This provision may result in an increase in costs to OHS, or the affected state agency, for staff to gather the records requested.However, it should be no more than a minimal increase, at most.The bill also requires OHS and the state library to file copies of the compilations, once they are received from DMH.

 

Local Costs

 

The As Introduced version of the fiscal note contained costs to local government entities. The Substitute version of the bill deletes the provisions affecting local government entities, thereby changing the local impact to no local impact.

 


Synopsis of Fiscal Changes

 

The As Introduced version of the fiscal note for H.B. 398 had the following fiscal effects to the state and local government, which would no longer apply under the Substitute version:

 

        Department of Mental Health, Ohio Historical Society, State Library, Secretary of State.The As Introduced version of the bill required the Department of Mental Health (DMH) to work with other state and local agencies to create a compilation of patients who died while residing at public hospitals.This increased workload could have resulted in an increase in expenditures, potentially more than minimal, to the affected agencies, namely DMH and the Ohio Historical Society (OHS), in terms of data collection, coordination, dissemination, and management.

        Department of Mental Health, Ohio Historical Society.The As Introduced version of the bill required DMH, or the state agency that possesses the death or burial record, to publish a public notice once a week for two consecutive weeks in a newspaper in the county in which the principal office of the agency is located (The Columbus Dispatch), and in a newspaper in the county in which the public hospital is located.The Department of Mental Health pays between $500 and $2,000 for capital project public announcements.These announcements are usually one column on one page.According to a spokesperson for OHS, the public notices required under the bill could include thousands of names for one hospital, thus the public notices could be several pages in length.The state agency that possesses the death or burial record was required to post two notices in two newspapers.Therefore, LSC staff assumed one public notice submission fee would be as high as several thousand dollars.

        Department of Mental Health.The As Introduced version of the bill also provided a procedure for family members of a deceased patient who wished to have the patientís death record withheld from the requested, and any future requested, inspection and copying by a cemetery restoration organization.This process could have resulted in an increase in workload for DMH to maintain the names of patients whose family members wished to have the record withheld.The amount of that workload increase would have depended on the number of requests from family members.

        Ohio Historical Society.The public notice requirement in the As Introduced version of the bill could have resulted in an increased number of requests for ancestral history.Therefore, there could have been an increase in workload for OHS.The magnitude of the increase in workload would depend on the number of requests received.The Historical Society has three staff.According to OHS, it limits staff research and response time to one hour per request.The Historical Society is open 24 hours per week (i.e., two weekdays and Saturdays).If each public announcement leads to more requests for ancestral history, additional staff could have been needed to handle the phone calls and mailings.

        The Department of Mental Health.In the As Introduced version of the bill, DMH was responsible for adopting administrative rules establishing the criteria and a procedure for recognizing groups and entities that restore cemeteries and gravesites of patients located on the grounds of public hospitals or on property not owned by the state but has been designated by the state for the burial, entombment, or inurnment of patients.The Department would have incurred some costs associated with adopting these rules.

        Local Agencies.In the As Introduced version of the bill, the requirement of compiling a list of patients who died while residing at DMH hospitals would have resulted in an increase in expenditures.The impact on local entities is uncertain as of this writing.However, it appears that most of the increase would have fallen to DMH and OHS.

 

 

LSC fiscal staff:Holly Wilson, Budget Analyst

 

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