1.310.  Big government get off my back act — certain federal mandates not subject to appropriations or statutory authorization — 1.  This section shall be known and may be cited as the "Big Government Get Off My Back Act".

  2.  Any federal mandate compelling the state to enact, enforce, or administer a federal regulatory program shall be subject to authorization through appropriation or statutory enactment.

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

  4.  For the five-year period beginning on August 28, 2009, any state agency proposing a rule as that term is defined in subdivision (6) of section 536.010, other than any rule promulgated as a result of a federal mandate, or to implement a federal program administered by the state or an act of the general assembly, shall either:

  (1)  Certify that the rule does not have an adverse impact on small businesses consisting of fewer than fifty full- or part-time employees; or

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

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

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