Fiscal note for proposed rules affecting public funds, required when,where filed, contents--failure to file,procedure--publication--effect of failure to publish--first yearevaluation, publication--challenges to rule for failure to meetrequirement, time limitations.
536.200. 1. Any state agency filing a notice of proposedrulemaking, as required by section 536.021, wherein the adoption,amendment, or rescission of the rule would require or result inan expenditure of public funds by or a reduction of publicrevenues for that agency or any other state agency of the stategovernment or any political subdivision thereof includingcounties, cities, towns, and villages, and school, road,drainage, sewer, water, levee, or any other special purposedistrict which is estimated to cost more than five hundreddollars in the aggregate to any such agency or politicalsubdivision, shall at the time of filing the notice with thesecretary of state file a fiscal note estimating the cost to eachaffected agency or to each class of the various politicalsubdivisions to be affected. The fiscal note shall contain adetailed estimated cost of compliance and shall be supported withan affidavit by the director of the department to which theagency belongs that in the director's opinion the estimate isreasonably accurate. If no fiscal note is filed, the director ofthe department to which the agency belongs shall file anaffidavit which states that the proposed change will cost lessthan five hundred dollars in the aggregate to all such agenciesand political subdivisions.
2. If at the end of the first full fiscal year after theimplementation of the rule, amendment, or rescission the cost toall affected entities has exceeded by ten percent or more theestimated cost in the fiscal note or has exceeded five hundreddollars if an affidavit has been filed stating the proposedchange will cost less than five hundred dollars, the originalestimated cost together with the actual cost during the firstfiscal year shall be published by the adopting agency in theMissouri Register within ninety days after the close of thefiscal year. Such costs shall be determined by the adoptingagency. If the adopting agency fails to publish such costs asrequired by this section, the rule, amendment, or rescissionshall be void and of no further force or effect.
3. The estimated cost in the aggregate shall be publishedin the Missouri Register contemporary with and adjacent to thenotice of proposed rulemaking, and failure to do so shall renderany rule promulgated thereunder void and of no force or effect.
4. Any challenge to a rule based on failure to meet therequirements of this section shall be commenced within five yearsafter 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 bythis section, such agency shall publish the required fiscal notecross-referenced to the applicable rule prior to August 28, 1995,and in that event the rule shall not be void. Any such ruleshall be deemed to have met the requirements of this sectionuntil that date.
Fiscal note for proposed rules affecting public funds, required when,where filed, contents--failure to file,procedure--publication--effect of failure to publish--first yearevaluation, publication--challenges to rule for failure to meetrequirement, time limitations.
536.200. 1. Any state agency filing a notice of proposedrulemaking, as required by section 536.021, wherein the adoption,amendment, or rescission of the rule would require or result inan expenditure of public funds by or a reduction of publicrevenues for that agency or any other state agency of the stategovernment or any political subdivision thereof includingcounties, cities, towns, and villages, and school, road,drainage, sewer, water, levee, or any other special purposedistrict which is estimated to cost more than five hundreddollars in the aggregate to any such agency or politicalsubdivision, shall at the time of filing the notice with thesecretary of state file a fiscal note estimating the cost to eachaffected agency or to each class of the various politicalsubdivisions to be affected. The fiscal note shall contain adetailed estimated cost of compliance and shall be supported withan affidavit by the director of the department to which theagency belongs that in the director's opinion the estimate isreasonably accurate. If no fiscal note is filed, the director ofthe department to which the agency belongs shall file anaffidavit which states that the proposed change will cost lessthan five hundred dollars in the aggregate to all such agenciesand political subdivisions.
2. If at the end of the first full fiscal year after theimplementation of the rule, amendment, or rescission the cost toall affected entities has exceeded by ten percent or more theestimated cost in the fiscal note or has exceeded five hundreddollars if an affidavit has been filed stating the proposedchange will cost less than five hundred dollars, the originalestimated cost together with the actual cost during the firstfiscal year shall be published by the adopting agency in theMissouri Register within ninety days after the close of thefiscal year. Such costs shall be determined by the adoptingagency. If the adopting agency fails to publish such costs asrequired by this section, the rule, amendment, or rescissionshall be void and of no further force or effect.
3. The estimated cost in the aggregate shall be publishedin the Missouri Register contemporary with and adjacent to thenotice of proposed rulemaking, and failure to do so shall renderany rule promulgated thereunder void and of no force or effect.
4. Any challenge to a rule based on failure to meet therequirements of this section shall be commenced within five yearsafter 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 bythis section, such agency shall publish the required fiscal notecross-referenced to the applicable rule prior to August 28, 1995,and in that event the rule shall not be void. Any such ruleshall be deemed to have met the requirements of this sectionuntil that date.
Fiscal note for proposed rules affecting public funds, required when,where filed, contents--failure to file,procedure--publication--effect of failure to publish--first yearevaluation, publication--challenges to rule for failure to meetrequirement, time limitations.
536.200. 1. Any state agency filing a notice of proposedrulemaking, as required by section 536.021, wherein the adoption,amendment, or rescission of the rule would require or result inan expenditure of public funds by or a reduction of publicrevenues for that agency or any other state agency of the stategovernment or any political subdivision thereof includingcounties, cities, towns, and villages, and school, road,drainage, sewer, water, levee, or any other special purposedistrict which is estimated to cost more than five hundreddollars in the aggregate to any such agency or politicalsubdivision, shall at the time of filing the notice with thesecretary of state file a fiscal note estimating the cost to eachaffected agency or to each class of the various politicalsubdivisions to be affected. The fiscal note shall contain adetailed estimated cost of compliance and shall be supported withan affidavit by the director of the department to which theagency belongs that in the director's opinion the estimate isreasonably accurate. If no fiscal note is filed, the director ofthe department to which the agency belongs shall file anaffidavit which states that the proposed change will cost lessthan five hundred dollars in the aggregate to all such agenciesand political subdivisions.
2. If at the end of the first full fiscal year after theimplementation of the rule, amendment, or rescission the cost toall affected entities has exceeded by ten percent or more theestimated cost in the fiscal note or has exceeded five hundreddollars if an affidavit has been filed stating the proposedchange will cost less than five hundred dollars, the originalestimated cost together with the actual cost during the firstfiscal year shall be published by the adopting agency in theMissouri Register within ninety days after the close of thefiscal year. Such costs shall be determined by the adoptingagency. If the adopting agency fails to publish such costs asrequired by this section, the rule, amendment, or rescissionshall be void and of no further force or effect.
3. The estimated cost in the aggregate shall be publishedin the Missouri Register contemporary with and adjacent to thenotice of proposed rulemaking, and failure to do so shall renderany rule promulgated thereunder void and of no force or effect.
4. Any challenge to a rule based on failure to meet therequirements of this section shall be commenced within five yearsafter 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 bythis section, such agency shall publish the required fiscal notecross-referenced to the applicable rule prior to August 28, 1995,and in that event the rule shall not be void. Any such ruleshall be deemed to have met the requirements of this sectionuntil that date.
