Section 536.205

Title XXXVI STATUTORY ACTIONS AND TORTS

Chapter 536

Effective - 28 Aug 2019, 2 histories   

  536.205.  Fiscal notes for proposed rules or emergency rules affecting private persons or entities, required, when, where filed, contents — publication — effect of failure to publish — challenges to rule for failure to comply, time limitation. — 1.  Any state agency filing a notice of proposed rulemaking, as required by section 536.021, or an emergency rule, as required by section 536.025, whereby the adoption, amendment, or rescission of the rule would require an expenditure of money by or a reduction in income for any person, firm, corporation, association, partnership, proprietorship or business entity of any kind or character which is estimated to cost more than five hundred dollars in the aggregate, shall at the time of filing the notice with the secretary of state file a fiscal note containing the following information and estimates of cost:

  (1)  An estimate of the number of persons, firms, corporations, associations, partnerships, proprietorships or business entities of any kind or character by class which would likely be affected by the adoption of the proposed rule, amendment or rescission of a rule;

  (2)  A classification by types of the business entities in such manner as to give reasonable notice of the number and kind of businesses which would likely be affected;

  (3)  An estimate in the aggregate as to the cost of compliance with the rule, amendment or rescission of a rule by the affected persons, firms, corporations, associations, partnerships, proprietorships or business entities of any kind or character.

  2.  A fiscal note for an emergency rule filed under section 536.025 shall only reflect the fiscal costs for the duration of the emergency rule.

  3.  The fiscal note shall be published in the Missouri Register contemporary with and adjacent to the notice of rulemaking, and failure to do so shall render any rule promulgated thereunder void and of no force and effect.

  4.  Any challenge to a rule based on failure to meet the requirements of this section shall be commenced no later than five years after the effective date of the rule.

  5.  In the event that any rule published prior to June 3, 1994, shall have failed to provide a fiscal note as required by this section, such agency shall publish the required fiscal note prior to August 28, 1995, and in that event the rule shall not be void.  Any such rule shall be deemed to have met the requirements of this section until that date.

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(L. 1978 S.B. 721 § 2, A.L. 1994 S.B. 558, A.L. 2019 H.B. 1088)

(1994) Administrative rules adopted by air conservation commission which did not comply with statute's requirements for fiscal notes, estimating cost of compliance to private entities, to be published in Missouri Register contemporarily with, and adjacent to, notices of proposed rulemaking were void.  Mo. Hosp. Assn. v. Air Conservation Commission, 874 S.W.2d 380 (Mo.App.W.D.).