5493L.01I                                                                                                                                                  D. ADAM CRUMBLISS, Chief Clerk



To amend chapter 37, RSMo, by adding thereto one new section relating to state agency fees.

Be it enacted by the General Assembly of the state of Missouri, as follows:

            Section A. Chapter 37, RSMo, is amended by adding thereto one new section, to be known as section 37.1000, to read as follows:

            37.1000. 1. Prior to December 31, 2010, each state department and agency shall review all fees imposed for services and licensing fees to determine whether the current fees are sufficient to cover the actual costs incurred by the state in providing such fee services and licensing. The office of administration shall be responsible for implementation and administration of this section, including but not limited to ensuring that each state department and agency completes the review required under this subsection.

            2. Upon completion of such review and identification of any fees which are not sufficient to cover the actual costs incurred by the state in providing a fee service or licensing, the state department or agency shall have the authority to adopt by rule an increase in such fees to an amount sufficient to cover such actual costs. Any state department or agency increasing such fees by regulation shall:

            (1) Maintain and make available upon written request the written documentation used as the basis for increasing such fees; and

            (2) Beginning January 31, 2012, and by each January thirty-first thereafter, submit a list of all fees increased in the immediately preceding fiscal year to the office of administration. Such list shall identify any specific fee increased, the service or license for which the fee is imposed, the previous fee amount, the increased fee amount, and the total savings realized by the state department or agency as a result of such fee increase.

            3. By February 15, 2012, and each February fifteenth thereafter, the office of administration shall submit a report to the governor and general assembly which includes the information set forth in subdivision (2) of subsection 2 of this section regarding all fee increase information submitted by each state department and agency.

            4. Any savings to the state realized by an increase in fees for services or licensing under this section shall be subject to the following:

            (1) The total amount saved by each department or agency shall be reduced from such department's or agency's core budget received through state appropriations;

            (2) One-half of such savings shall be used to refund such savings to the taxpayers of this state in accordance with subsection 5 of this section; and

            (3) (a) One-half of such savings shall be deposited into the "Business Startup and Entrepreneurial Development Fund" which is hereby created in the state treasury. The state treasurer shall be custodian of the fund. In accordance with sections 30.170 and 30.180, the state treasurer may approve disbursements. Upon appropriation, money in the fund shall be used solely for the administration of subsection 5 of this section.

            (b) Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund.

            (c) The state treasurer shall invest moneys in the fund in the same manner as other funds are invested. Any interest and moneys earned on such investments shall be credited to the fund.

            5. The department of revenue shall refund the savings under subdivision (2) of subsection 4 of this section to the taxpayers of this state. Such savings shall be refunded pro rata based on the liability reported on the Missouri state income tax annual returns filed for each calendar year in which such savings are realized.

            6. The department of economic development shall establish a program to increase the number of new business startups in the state and for entrepreneurial development of business in this state. The department shall utilize moneys from the business startup and entrepreneurial fund to implement the provisions of this subsection.

            7. The office of administration, the department of revenue, and the department of economic development may promulgate rules to implement the provisions of this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2010, shall be invalid and void.