Sen. Anita Yeckel (R-Sunset Hills, St. Louis area) hosted a small business conference at Crowder College last week. Representatives from the banking industry and other local businesses met to discuss the effects of the passage of the Small Business Regulatory Fairness Act (SBREFA), a bill that Yeckel had sponsored in the Missouri Senate.
House Bill No. 978, sponsored by Brian Baker (123-Belton), which Governor Bob Holden signed on June 30, 2004, is a "good bill" but it "can be a better bill," Yeckel said referring to Holden's original veto of her legislation before it was watered down. She also was critical of the concerns of Sen. Ken Jacobs (D-Columbia), who worried about the habitual offender [who might be protected by the bill], and how his rules impacted everybody.
The bill, in repealing sections 324.010 and 536.010, RSMo, and enacting instead 7 new sections relating to small business, in part establishes a Small Business Regulatory Board. Comprised of 9 non-salaried members, most of whom will be current or former small business owners, the board will provide a sounding board and conduit between small business and Missouri governmental agencies.
Changes to the bill, which go into effect August 28, 2004, reflect the General Assembly's desire to know when rules are too stringent for small businesses, defined as those with 50 or less full and part-time employees. The revisions focus on the dollar cost for compliance and allowing small businesses an outlet to express their concerns or dissatisfaction with a particular proposed regulation. It was patterned in part after the SBREFA of 1996, legislation signed by President Bill Clinton that created changes needed in the regulatory and enforcement culture of the 34 federal agencies that make them more responsive to the small business environment. The federal bill, as does the state's, was created to protect the growing small business sector that is vital to creating jobs in a vigorous economy. They take into account that small businesses bear a disproportionate share of regulatory costs and burdens.
Representatives of local small businesses gather around a table at Crowder College to discuss the ramifications of the Small Business Regulatory Fairness Act. The session was conducted by Sen. Anita Yeckel (R-Sunset Hills), the sponsor of the Senate version of the bill.
To lessen the impact on small businesses state agencies will be required to prepare an impact statement and to consider alternative methods for achieving compliance to the law. Any small business will have an opportunity to request that the board file a petition on its behalf for the adoption, amendment or repeal of any rule considered too stringent for its viable operation. The Secretary of State would then be empowered to throw out any rule not in compliance.
An example this board needs to hear, according to Yeckel, was made by Scott George, one of four members of the National Federation of Independent Business who testified in favor of the bill. He is general manager of Mid-America Dental & Hearing Center in Mt. Vernon, MO.
George told of a demand by the Environmental Protection Agency that was made after a well clean-up violation by only three companies that affected everyone in the industry. Either every company had to have personnel on the payroll to oversee problems or someone representing every company had to undergo several weeks of continued education. Each alternative represented a large dollar expense to the large group of non-violators, one that many small businesses cannot afford to bear.
Yeckel also called attention to the fact that some small business owners don't know they are doing something wrong until they are hit with heavy fines. The bill calls for intervention by the board in securing a reduction of penalties should the situation be warranted.
Rob O'Brian, president of the Joplin Area Chamber of Commerce, wants chamber members to pay special attention to an article in its September newsletter about the effect of the law on small business and wants legislators in this area to make sure the law is implemented. Saying "ignorance of the law is no excuse," he called attention to the Small Business Division Center within the Chamber that offers a check list in starting up a business along with a complete resource library. Kim Bann is the small business manager in charge. Go Back | 
