Fiscal Note - SB 0284 - Revokes Rule-Making Power Granted to State Agencies
L.R. NO. 1162-10
BILL NO. Perfected SS#2 for SCS for SB 284
SUBJECT: Administrative Rules
TYPE: Original
DATE: May 1, 1997
FISCAL SUMMARY
ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
Total Estimated
Net Effect on All
State Funds $0 $0 $0
ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
Total Estimated
Net Effect on All
Federal Funds $0 $0 $0
ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
Local Government $0 $0 $0
FISCAL ANALYSIS
Officials of the following agencies stated they would not be directly
affected by this proposal: Governor, Lieutenant Governor, Secretary of
State, Attorney General, Courts Administrator, Tax Commission, Gaming,
Lottery, Chief Clerk of the House, Secretary of the Senate, Auditor,
Treasurer, Office of Administration, Public Defender, and Prosecution
Services.
Officials of the following agencies indicated that they were uncertain about
the fiscal effects of the proposal on their agencies: Department of Labor and
Industrial Relations, Department of Social Services, Department of Natural
Resources, Department of Mental Health, Department of Public Safety,
Department of Insurance, Department of Higher Education, Department of
Elementary and Secondary Education, Department of Transportation, Missouri
Department of Conservation, Department of Agriculture, Department of
Corrections, and Department of Revenue.
For purposes of this fiscal note, Oversight assumes that the proposal would
have no direct or predictable effect on state agencies and that additional
costs, if any, to promulgate and to defend rules under terms of this proposal
compared to current law would be matters for budget decision items.
FISCAL IMPACT - State Government FY 1998 FY 1999 FY 2000
0 0 0
FISCAL IMPACT - Local Government FY 1998 FY 1999 FY 2000
0 0 0
FISCAL IMPACT - Small Business
No direct fiscal impact to small businesses would be expected due to this
proposal.
DESCRIPTION
This proposal would revise current rule making authority granted by the
legislature to state agencies, as defined in section 536.010.
The proposal specifically rewrites several sections governing rule making
authority for several agencies.
All substantive rules promulgated under terms of section 640.755 (the rules
governing concentrated animal feeding operations, i.e. hog farms) would
expire on August 31, 1998 and any act of the General Assembly which would
extend or postpone the expiration of any rule or rule making authority would
not constitute legislative approval of any rule or rule making authority.
Agency authority to propose rules other than those relating to organization
or internal management would depend upon legislative authority to review
proposed rules, delay effective date of proposed rules for at least thirty
days after their presentation to the legislature and the Secretary of State,
and to annul proposed rules or parts of rules.
Provisions of this part of the proposal are not severable. If any power of
the legislature to review, delay the effective date of or annul proposed
rules or parts of rules is held unconstitutional or invalid, any grants of
rule making authority made under this proposal and any rules issued under
terms of this proposal would be invalid and void.
This proposal contains an emergency clause.
This legislation is not federally mandated, would not duplicate any other
program, would not require additional capital improvements or rental space,
and would not affect total state revenue.
SOURCES OF INFORMATION
Office of Administration
Department of Agriculture
Department of Conservation
Department of Corrections
Department of Elementary and Secondary Education
Department of Health
Department of Higher Education
Department of Transportation
Department of Insurance
Department of Labor and Industrial Relations
Department of Mental Health
Department of Natural Resources
Department of Public Safety
Department of Revenue
Department of Social Services
State Courts Administrator
State Gaming Commission
State Lottery Commission
State Tax Commission
State Prosecutor
State Public Defender
House of Representatives
Senate
State Auditor
Attorney General
Governor
Lieutenant Governor
Secretary of State
This Fiscal Note is not an official copy and should not be quoted or cited.