1.310. Big government get off my back act--no user fees to be increased for four-year period. - Missouri Statutes

Big government get off my back act--no user fees to be increased forfour-year period.

1.310. 1. This section shall be known and may be cited as the "BigGovernment Get Off My Back Act".

2. No user fees imposed by the state of Missouri shall increase forthe four-year period beginning on August 28, 2009, unless such fee increaseis to implement a federal program administered by the state or is a resultof an act of the general assembly. For purposes of this section, "userfee" does not include employer taxes or contributions, assessments tooffset the cost of examining insurance or financial institutions, anyhealth-related taxes approved by Center for Medicare and Medicaid Services,or any professional or occupational licensing fees set by a board ofmembers of that profession or occupation and required by statute to be setat a level not to exceed the cost of administration.

3. For the four-year period beginning on August 28, 2009, any stateagency proposing a rule as that term is defined in subdivision (6) ofsection 536.010, RSMo, other than any rule promulgated as a result of afederal mandate, or to implement a federal program administered by thestate or an act of the general assembly, shall either:

(1) Certify that the rule does not have an adverse impact on smallbusinesses consisting of fewer than twenty-five full- or part-timeemployees; or

(2) Certify that the rule is necessary to protect the life, health orsafety of the public; or

(3) Exempt any small business consisting of fewer than twenty-fivefull- or part-time employees from coverage.

4. The provisions of this section shall not be construed to preventor otherwise restrict an agency from promulgating emergency rules pursuantto section 536.025, RSMo, or from rescinding any existing rule pursuant tosection 536.021, RSMo.

(L. 2009 H.B. 191 § 1)