CCS#3 SS HS HCS HB 978 -- SMALL BUSINESS REGULATORY FAIRNESS
BOARD

This bill establishes the Small Business Regulatory Fairness
Board, which will work with agencies and small businesses on
issues concerning the impact of agency rules and regulations on
small businesses.  The bill outlines the membership of the board.
All members of the board, except for public members and the chair
of the minority business advocacy committee, must be current or
former small business owners or officers.

"Small business" is defined as a for-profit enterprise with fewer
than 50 full- or part-time employees.  The bill requires state
agencies to determine whether proposed rules affect small
businesses prior to submitting or filing proposed rules with the
Secretary of State's office.  For proposed rules that affect
small businesses, the agency must prepare an impact statement
which will be submitted with the proposed rules to the board on
the day the proposed order is filed.  The bill outlines the
requirements of the impact statement.  Rules that are required to
have a small business impact statement but do not are invalid,
and the Secretary of State cannot publish the rule.

Any small business may ask the board to provide recommendations
for the adoption, amendment, or repeal of a rule; and the board
may hold a hearing or solicit testimony to assist in making its
determination.  Within 60 days of receipt of the recommendations,
the agency will determine whether the rule should be adopted,
amended, or repealed based on specific factors.

The board must submit an evaluation report to the Governor and
the General Assembly including any recommendations and
evaluations of state agencies regarding regulatory fairness for
small businesses.

The bill outlines occasions when an agency will waive or reduce
any administrative penalty or fine for violation of any statute,
ordinance, or rule by a small business.

The Director of the Department of Revenue is required to notify
the professional licensee within 10 business days of notifying
the governmental entity when a delinquency has been remedied.
The bill suspends a professional license instead of revoking it
when the licensee has a tax delinquency.

Missouri House of Representatives
92nd General Assembly, 2nd Regular Session
Last Updated September 23, 2004 at 11:14 am