This Fiscal Note is not an official copy and should not be quoted or cited.
This Fiscal Note is not an official copy and should not be quoted or cited.
Fiscal Note - SB 0176 - Revises procedures for agency rulemaking
COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. NO. 0859-02
BILL NO. Truly Agreed To And Finally Passed SCS for SB 176
SUBJECT: State Departments: Administrative Rules
TYPE: Original
DATE: April 23, 1999
FISCAL SUMMARY
ESTIMATED NET EFFECT ON STATE FUNDS Net Effect on All State Funds
FUND AFFECTED
FY 2000
FY 2001
FY 2002
Total Estimated
$0
$0
$0
|
ESTIMATED NET EFFECT ON FEDERAL FUNDS | |||
| FUND AFFECTED | FY 2000 | FY 2001 | FY 2002 |
| Total Estimated
Net Effect on All Federal Funds |
$0 | $0 | $0 |
|
ESTIMATED NET EFFECT ON LOCAL FUNDS | |||
| FUND AFFECTED | FY 2000 | FY 2001 | FY 2002 |
| Local Government | $0 | $0 | $0 |
Numbers within parentheses: ( ) indicate costs or losses
This fiscal note contains 3 pages.
FISCAL ANALYSIS
Officials of the following agencies stated they would not be affected fiscally by this proposal (or other proposals regarding adoption and justification of administrative rules) or that they could perform additional duties required by this proposal with existing resources: Governor, Lieutenant Governor, Attorney General, Auditor, Tax Commission, Gaming Commission, Chief Clerk of the House, Secretary of the Senate, Department of Agriculture, Department of Elementary and Secondary Education, Department of Higher Education, Department of Revenue, Department of Insurance, Department of Economic Development, Missouri Department of Conservation, Department of Transportation, Department of Mental Health, Highway Patrol, Capitol Police and Office of Prosecution Services.
Officials of the following agencies indicated that they were uncertain about the exact fiscal effects of the proposal, but felt that they would have enough rule changes and hearings to possibly have a significant administrative effect: Office of Administration, Department of Natural Resources, Department of Health, Department of Social Services, Department of Labor and Industrial Relations.
Courts Administrator officials would expect a few cases of challenged rules to determine sufficiency of state agency compliance with this proposal, but would not expect enough cases to have a material effect on state courts.
Officials of the Secretary of State have not responded to this proposal. They noted the potential for extensive publication of new rules and regulations and of new procedures for adopting rules and regulations in response to the original proposal. However, this proposal does not contain the requirement that agency procedures to decide whether rules are necessary be adopted through formal rule making. Therefore, Oversight assumes estimates of possible new pages to be published (10 new pages in the Code of State Regulations 15 new pages in the Missouri Register for each of 150 rule making agencies) and possible costs (in FY 2000, $90,375;in later years dependant upon the extent of rule making by affected agencies) would not apply to this proposal.
| FISCAL IMPACT - State Government | FY 2000 | FY 2001 | FY 2002 |
| (10 Mo.) | |||
| $0 | $0 | $0 | |
| FISCAL IMPACT - Local Government | FY 2000 | FY 2001 | FY 2002 |
| (10 Mo.) | |||
| $0 | $0 | $0 | |
| FISCAL IMPACT - Small Business | |||
| It is possible that small businesses would have less state agency rules due to this proposal; however, no direct fiscal effects are anticipated. | |||
DESCRIPTION
This proposal would remove the burden upon state agencies to demonstrate by a preponderance of evidence that any agency action challenged was not required to be preceded by adoption of a rule on the subject matter. It would also remove the effective date of section 536.016, RSMo Supp. 1998.
This legislation is not federally mandated, would not duplicate any other program, would not require additional capital improvements or rental space, and would not affect total state revenue.
SOURCES OF INFORMATION
Department of Agriculture
Department of Elementary and Secondary Education
Department of Insurance
Department of Higher Education
Department of Labor and Industrial Relations
Department of Natural Resources
Department of Public Safety
Highway Patrol
Capitol Police
Department of Revenue
Missouri Department of Conservation
State Courts Administrator
State Tax Commission
State Prosecutor
Attorney General
Governor
Lieutenant Governor
State Auditor
Jeanne Jarrett, CPA
Director
April 23, 1999