Section 16 Fiscal Notes

• Library: Administrative Law 2011

A process—previously in use for some time in the General Assembly—whereby “fiscal notes,” or estimates of the cost of a piece of legislation, are created to give notice of the financial impact of a proposal has been required for certain administrative rules since 1978. Sections 536.200–536.215, RSMo 2000, categorize the required fiscal notes into (1) those in which public funds are to be expended or public revenues reduced in an amount greater than $500 and (2) those in which private entities are similarly affected. These fiscal notes must be published in the Missouri Register alongside the proposed rule or amendment. Failure to publish them renders the rule void.

Thus, any state agency filing a notice of proposed rulemaking in which the intended action requires or would result in an estimated impact of $500 or more in the aggregate on any other agency or political subdivision must file a fiscal note. The note must contain a detailed estimate of the cost of compliance with the rule and an estimate of the cost to each affected agency or class of agencies or political subdivisions. Section 536.200.1, RSMo 2000. The estimate must be supported by an affidavit of the director of the state department to which the agency is assigned stating that the estimate is accurate. Id.

If the agency’s...