SB 459 Modifies rulemaking procedures for rules which affect businesses
Sponsor: Libla
LR Number: 2119S.01I Fiscal Notes
Committee: Judiciary and Civil and Criminal Jurisprudence
Last Action: 3/31/2015 - Hearing Conducted S Judiciary and Civil and Criminal Jurisprudence Committee Journal Page:
Title: Calendar Position:
Effective Date: August 28, 2015

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Current Bill Summary

SB 459 - Current law provides that no user fees imposed by the state shall increase for five years beginning on August 28, 2009. The act states that these user fees shall not increase for ten years beginning on August 28, 2009.

This provision is identical to provisions contained in HB 32 (2015).

The act also provides that within one year after the implementation of an administrative rule which affects the expenditures or income of a business entity of any kind and is estimated to cost more than five hundred dollars, a business entity impacted by the adopted or amended rule may file a statement of the actual cost of the business entity with the state agency who promulgated the rule and with the Joint Committee on Administrative Rules. After the agency has compiled all such statements filed by business entities, if the cost to all affected entities has exceeded by ten percent or more the estimated cost in the fiscal note or has exceeded five hundred dollars, when an affidavit has been filed stating the rule adoption or amendment would cost less than five hundred dollars, the original estimated cost and the actual cost shall be published by the agency in the Missouri Register. If the agency fails to publish these figures then the rule shall be void and have no force or effect.

A new rule, amendment, or rescission shall expire one year after its cost statement is published in the Missouri Registered. If a state agency desires for such rule to remain in effect then the rule must be repromulgated.

When a state agency files a notice of proposed rulemaking which would affect business, the act establishes additional requirements that the agency must meet including providing examples of fiscal impact on business, whether additional training of employees is necessary for implementation of the rule, and provisions delaying implementation for business entities currently in existence.