HB 576 -- Small Business Regulatory Fairness Board

Sponsor:  Flook

This bill changes the laws regarding the procedures of the Small
Business Regulatory Fairness Board.  The definition of "small
business" is changed to include businesses with up to 100
employees.  Currently, the term includes businesses with up to 50
employees.

Currently, the board is allowed to conduct hearings and solicit
input from business owners regarding government agencies' rules
or proposed rules, after which the board provides input to the
agencies creating the rules.  The bill requires, rather than
allows, the board to carry out these functions.

Currently, any person can petition an agency for the adoption,
amendment, or repeal of a rule.  The bill requires the agency to
submit a written response to these petitions to the board within
60 days of the receipt of the petition.  If the agency determines
that no change in a rule is needed, any small business affected
by the rule may seek a review by the board.

Each agency promulgating a rule that affects small business must
submit, every two years, a list of these rules to the General
Assembly and the board.  The agency must also submit reports
explaining why any rule should be continued.

Within 45 days of being notified by the board of a rule that has
generated complaints from small businesses, the agency must
submit a written response to the board.

The bill grants any small business that is adversely affected by
a final agency action the right to sue in circuit court for
compliance with the procedures specified in the bill.  These
suits must be commenced within one year of a rule becoming final.

Missouri House of Representatives
93rd General Assembly, 1st Regular Session
Last Updated August 25, 2005 at 1:19 pm