536.300. Proposed rules, effect on small business to be determined, exceptions--impact statement to be prepared, when, contents.
Proposed rules, effect on small business to be determined,exceptions--impact statement to be prepared, when, contents.
536.300. 1. Prior to submitting proposed rules for adoption,amendment, revision, or repeal, under this chapter the state agency shalldetermine whether the proposed rulemaking affects small businesses and, ifso, the availability and practicability of less-restrictive alternativesthat could be implemented to achieve the same results of the proposedrulemaking. This requirement shall not apply to emergency rulemakingpursuant to section 536.025 or to constitutionally authorized rulemakingpursuant to article IV, section 45 of the Missouri Constitution. Thisrequirement shall be in addition to the fiscal note requirement of sections536.200 to 536.210.
2. If the proposed rules affect small businesses, the state agencyshall consider creative, innovative, or flexible methods of compliance forsmall business and prepare a small business impact statement to besubmitted to the secretary of state and the joint committee onadministrative rules with the proposed rules. A copy of the proposed rulesand the small business impact statement shall also be filed with the boardon the same date as they are filed with the secretary of state. Suchbusiness impact statement and proposed rules shall be submitted to theboard prior to providing notice for a public hearing. The statement shallprovide a reasonable determination of the following:
(1) The methods the agency considered or used to reduce the impact onsmall businesses such as consolidation, simplification, differingcompliance, or reporting requirements, less stringent deadlines,performance rather than design standards, exemption, or any othermitigating techniques;
(2) How the agency involved small businesses in the development ofthe proposed rules;
(3) The probable monetary costs and benefits to the implementingagency and other agencies directly affected, including the estimated totalamount the agency expects to collect from any additionally imposed fees andthe manner in which the moneys will be used, if such costs are capable ofdetermination;
(4) A description of the small businesses that will be required tocomply with the proposed rules and how they may be adversely affected,except in cases where the state agency has filed a fiscal note thatcomplies with all of the provisions of section 536.205;
(5) In dollar amounts, the increase in the level of direct costs,such as fees or administrative penalties, and indirect costs, such asreporting, record keeping, equipment, construction, labor, professionalservices, revenue loss, or other costs associated with compliance if suchcosts are capable of determination, except in cases where the state agencyhas filed a fiscal note that complies with all of the provisions of section536.205;
(6) The business that will be directly affected by, bear the cost of,or directly benefit from the proposed rules;
(7) Whether the proposed rules include provisions that are morestringent than those mandated by any comparable or related federal, state,or county standards, with an explanation of the reason for imposing themore-stringent standard.
3. Any proposed rule that is required to have a small business impactstatement but does not include such a statement shall be invalid and thesecretary of state should not publish the rule until such time as thestatement is provided. If the state agency determines that its proposedrule does not affect small business, the state agency shall so certify thisfinding in the transmittal letter to the secretary of state, stating thatit has determined that such proposed rule will not have an economic impacton small businesses and the secretary of state shall publish the rule.
4. Sections 536.300 to 536.310 shall not apply where the proposedrule is being promulgated on an emergency basis, where the rule isfederally mandated, or where the rule substantially codifies existingfederal or state law. Notwithstanding the provisions of this section,federally mandated regulations are subject to the federal RegulatoryFlexibility Act as amended by the Small Business Regulatory and EnforcementFairness Act of 1996, P.L. 96-354, as amended by P.L. 104.121. Anyfederally mandated regulations that do not comply with these acts shall besubject to this section.
(L. 2004 H.B. 978, A.L. 2005 H.B. 576)