HCS SCS SB 69 -- SMALL BUSINESS

SPONSOR:  St. Onge (Baker)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Small
Business by a vote of 11 to 1.

This substitute establishes the Small Business Regulatory
Fairness Board within the Department of Economic Development.
The board will work with agencies and small businesses on issues
concerning the impact of agency rules and regulations on small
businesses.  The substitute outlines the membership of the board.
All members of the board must be current or former small business
owners.

The substitute requires state agencies to determine whether
proposed rules affect small businesses prior to submitting the
proposed rules for adoption, amendment, revision, or repeal.  If
they do, the agency must consider the practicality of less
restrictive alternatives that could be implemented to achieve the
same results as the proposed rule.  The agency must also consider
creative, innovative, or flexible methods of compliance for small
businesses and prepare a small business impact statement which
will be submitted with the proposed rules to the Small Business
Regulatory Fairness Board prior to providing notice of a public
hearing.  The substitute outlines the requirements of the impact
statement.

For any proposed rules that affect small business, the agency
will also submit a small business statement to the board after a
public hearing is held.  The substitute outlines the requirements
of the statement.

Any affected small business may file a written petition with the
agency that has adopted rules, including rules adopted prior to
the substitute's effective date.  The substitute explains on what
grounds a rule can be objected to.  Upon submission of a written
petition, the agency must forward a copy of the petition to the
board and to the Joint Committee on Administrative Rules.  Within
60 days of receipt of the petition, the agency will determine
whether the impact statement or public hearing addressed the
actual and significant impact on small business and will submit a
written response of the agency's determination to the board.  Any
small business may appeal the agency's determination to the
board.  The substitute outlines the reasons on which the board
may base its decision regarding a small business appeal of the
agency's determination.

The board is specifically prohibited from interfering with,
modifying, preventing, or delaying an agency's enforcement
action; intervening in legal actions between small businesses and
agencies; and subpoenaing witnesses to testify or produce
documents at hearings held by the board.

Each agency is required to submit to the General Assembly and the
board, by June 13 of each odd-numbered year, a list of all rules
which affect small business, a report describing the specific
public purpose or interest for adopting each rule, and any other
reasons that justify its continued existence.

The substitute requires the board to provide to the head of each
agency a list of any rules adopted by the agency that affect
small business and have generated complaints or concerns.
Forty-five days after being notified by the board of these rules,
the agency is required to submit a written report to the board in
response to the complaints or concerns.  The board may solicit
testimony at public meetings regarding any report submitted by an
agency.  The substitute requires the board to submit an
evaluation report to the Governor and the General Assembly
regarding these issues.

The substitute outlines occasions when an agency will waive or
reduce any administrative penalty or administrative fine for
violation of any statute, ordinance, or rule by a small business.
Small businesses that are adversely affected or aggrieved by the
final decision of an agency are entitled to judicial review of
the agency's compliance with the provisions of the substitute.
The small business can seek judicial review for a period of one
year, beginning on the date when the proposed rule becomes final.

FISCAL NOTE:  Estimated Net Cost to the General Revenue Fund of
$98,022 to Unknown in FY 2004, $104,168 to Unknown in FY 2005,
and $83,903 to Unknown in FY 2006.  Estimated Net Cost to Various
Other State Funds of Unknown in FY 2004, $63,968 to Unknown in FY
2005, and $57,132 to Unknown in FY 2006.

PROPONENTS:  Supporters say that the substitute will help small
businesses by allowing them to have input into the rule making
process.  It will create a regulatory environment that is aware
of the needs of small businesses.  It also allows small
businesses to be in contact with and to work with agencies.

Testifying for the bill were Senator Yeckel; Representative
Baker; National Federation of Independent Business; Associated
Industries of Missouri; Missouri Retailers Association; Missouri
Grocers' Association; and Recycle Missouri, Inc.

OPPONENTS:  There was no opposition voiced to the committee.

Amy Woods, Legislative Analyst

Missouri House of Representatives
Last Updated July 25, 2003 at 10:13 am