Effective 28 Aug 2019

536.200. Fiscal note for proposed rules or emergency rules affecting public funds, required when, where filed, contents — failure to file, procedure — publication — effect of failure to publish — first year evaluation, publication — challenges to rule for failure to meet requirement, time limitations. — 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, wherein the adoption, amendment, or rescission of the rule would require or result in an expenditure of public funds by or a reduction of public revenues for that agency or any other state agency of the state government or any political subdivision thereof including counties, cities, towns, and villages, and school, road, drainage, sewer, water, levee, or any other special purpose district which is estimated to cost more than five hundred dollars in the aggregate to any such agency or political subdivision, shall at the time of filing the notice with the secretary of state file a fiscal note estimating the cost to each affected agency or to each class of the various political subdivisions to be affected. The fiscal note shall contain a detailed estimated cost of compliance and shall be supported with a declaration subject to the requirements of section 575.060 by the director of the department to which the agency belongs that in the director's opinion the estimate is reasonably accurate. If no fiscal note is filed, the director of the department to which the agency belongs shall file a declaration subject to the requirements of section 575.060 which states that the proposed change will cost less than five hundred dollars in the aggregate to all such agencies and political subdivisions.

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. If at the end of the first full fiscal year after the implementation of the rule, amendment, or rescission the cost to all affected entities has exceeded by ten percent or more the estimated cost in the fiscal note or has exceeded five hundred dollars if a declaration has been filed stating the proposed change will cost less than five hundred dollars, the original estimated cost together with the actual cost during the first fiscal year shall be published by the adopting agency in the Missouri Register within ninety days after the close of the fiscal year. Such costs shall be determined by the adopting agency. If the adopting agency fails to publish such costs as required by this section, the rule, amendment, or rescission shall be void and of no further force or effect.

4. The estimated cost in the aggregate 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 or effect.

5. Any challenge to a rule based on failure to meet the requirements of this section shall be commenced within five years after the effective date of the rule.

6. 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 cross-referenced to the applicable rule 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 § 1, A.L. 1989 H.B. 143, A.L. 1994 S.B. 558, A.L. 2019 H.B. 1088)