Missouri Register, Volume 41, No. 09, May 2, 2016, Pages 543-650
| Jurisdiction | Missouri |
| Library | Missouri Register |
| Published date | 02 May 2016 |
| Year | 2016 |
Title 2—DEPARTMENT OF AGRICULTURE
Division 70—Plant Industries
Chapter 25—Pesticides
ORDER OF RULEMAKING
By the authority vested in the Department of Agriculture under sec-
tion 281.065, RSMo Supp. 2015, the director amends a rule as fol-
lows:
2 CSR 70-25.065 Acceptable Insurance and Bond Forms for
Commercial Applicators is amended.
A notice of proposed rulemaking containing the text of the proposed
amendment was published in the Missouri Register on January 15,
2016 (41 MoReg 73). No changes have been made in the text of the
proposed amendment, so it is not reprinted here. This proposed
amendment becomes effective thirty (30) days after publication in the
Code of State Regulations.
SUMMARY OF COMMENTS: No comments were received.
Title 5—DEPARTMENT OF ELEMENTARY
AND SECONDARY EDUCATION
Division 20—Division of Learning Services
Chapter 300—Office of Special Education
ORDER OF RULEMAKING
By the authority vested in the State Board of Education under section
161.092, RSMo Supp. 2014, and section 162.685, RSMo 2000, the
board hereby amends a rule as follows:
5 CSR 20-300.110 is amended.
A notice of proposed rulemaking was not published because state
program plans required under federal education acts or regulations
are specifically exempt under section 536.021, RSMo. During
December 2015 and January 2016, the Office of Special Education
conducted two (2) public hearing webinars regarding proposed
changes to the Part B State Plan implementing the Individuals with
Disabilities Education Act (IDEA).
This rule becomes effective thirty (30) days after publication in the
Code of State Regulations. This rule describes Missouri’s services
for children with disabilities, in accordance with Part B of the
Individuals with Disabilities Education Act (IDEA).
5 CSR 20-300.110 Individuals with Disabilities Education Act,
Part B. This order of rulemaking amends section (2) and amends the
incorporated by reference material, Regulations Implementing Part B
of the Individuals with Disabilities Education Act, to bring the pro-
gram plan in compliance with federal statutes.
(2) The content of this state plan for the Individuals with Disabilities
Education Act (IDEA), Part B, which is hereby incorporated by ref-
erence and made a part of this rule, meets the federal statute and
Missouri’s compliance in the following areas. A copy of the IDEA,
Part B (revised February 2016) is published by and can be obtained
from the Department of Elementary and Secondary Education,
Office of Special Education, 205 Jefferson Street, PO Box 480,
Jefferson City, MO 65102-0480. This rule does not incorporate any
subsequent amendments or additions.
AUTHORITY: section 161.092, RSMo Supp. 2014, and section
162.685, RSMo 2000. This rule previously filed as 5 CSR 70-
742.140. Original rule filed April 11, 1975, effective April 21, 1975.
For intervening history, please consult the Code of State
Regulations. Amended: Filed March 25, 2016, effective June 30,
2016.
PUBLIC COST: This proposed amendment will not cost state agen-
cies or political subdivisions more than five hundred dollars ($500)
in the aggregate.
Title 9—DEPARTMENT OF MENTAL HEALTH
Division 10—Director, Department of Mental Health
Chapter 5—General Program Procedures
ORDER OF RULEMAKING
By the authority vested in the director of the Department of Mental
Health under section 630.050, RSMo Supp. 2013, the Department of
Mental Health adopts a rule as follows:
9 CSR 10-5.250 Screening and Assessment for Behavioral
Changes is adopted.
A notice of proposed rulemaking containing the text of the proposed
rule was published in the Missouri Register on January 15, 2016 (41
MoReg 80). No changes have been made in the text of the proposed
rule, so it is not reprinted here. This proposed rule becomes effective
thirty (30) days after publication in the Code of State Regulations.
SUMMARY OF COMMENTS: No comments were received.
631
Orders of Rulemaking
This section will contain the final text of the rules proposed
by agencies. The order of rulemaking is required to con-
tain a citation to the legal authority upon which the order of
rulemaking is based; reference to the date and page or pages
where the notice of proposed rulemaking was published in
the Missouri Register; an explanation of any change between
the text of the rule as contained in the notice of proposed rule-
making and the text of the rule as finally adopted, together
with the reason for any such change; and the full text of any
section or subsection of the rule as adopted which has been
changed from that contained in the notice of proposed rule-
making. The effective date of the rule shall be not less than
thirty (30) days after the date of publication of the revision to
the Code of State Regulations.
The agency is also required to make a brief summary of
the general nature and extent of comments submitted in
support of or opposition to the proposed rule and a concise
summary of the testimony presented at the hearing, if any,
held in connection with the rulemaking, together with a con-
cise summary of the agency’s findings with respect to the
merits of any such testimony or comments which are
opposed in whole or in part to the proposed rule. The ninety-
(90-) day period during which an agency shall file its Order of
Rulemaking for publication in the Missouri Register begins
either: 1) after the hearing on the Proposed Rulemaking is
held; or 2) at the end of the time for submission of comments
to the agency. During this period, the agency shall file with the
secretary of state the order of rulemaking, either putting the
proposed rule into effect, with or without further changes, or
withdrawing the proposed rule.
May 2, 2016
Vol. 41, No. 9
MISSOURI
REGISTER
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May 2, 2016
Vol. 41, No. 9
Title 9—DEPARTMENT OF MENTAL HEALTH
Division 45—Division of Developmental Disabilities
Chapter 3—Care and Habilitation
ORDER OF RULEMAKING
By the authority vested in the director of the Department of Mental
Health under section 630.050, RSMo Supp. 2013, Department of
Mental Health rescinds a rule as follows:
9 CSR 45-3.020 Individualized Supported Living Services—
Definitions is rescinded.
A notice of proposed rulemaking containing the proposed rescission
was published in the Missouri Register on January 15, 2016 (41
MoReg 80–81). No changes have been made in the proposed rescis-
sion, so it is not reprinted here. This proposed rescission becomes
effective thirty (30) days after publication in the Code of State
Regulations.
SUMMARY OF COMMENTS: No comments were received.
Title 9—DEPARTMENT OF MENTAL HEALTH
Division 45—Division of Developmental Disabilities
Chapter 5—Standards for Community-Based Services
ORDER OF RULEMAKING
By the authority vested in the director of the Department of Mental
Health under section 630.050, RSMo Supp. 2013, Department of
Mental Health rescinds a rule as follows:
9 CSR 45-5.040 Missouri Alliance for Individuals with
Developmental Disabilities is rescinded.
A notice of proposed rulemaking containing the proposed rescission
was published in the Missouri Register on January 15, 2016 (41
MoReg 81). No changes have been made in the proposed rescission,
so it is not reprinted here. This proposed rescission becomes effective
thirty (30) days after publication in the Code of State Regulations.
SUMMARY OF COMMENTS: No comments were received.
Title 11—DEPARTMENT OF PUBLIC SAFETY
Division 45—Missouri Gaming Commission
Chapter 5—Conduct of Gaming
ORDER OF RULEMAKING
By the authority vested in the Missouri Gaming Commission under
section 313.805, RSMo Supp. 2013, the commission amends a rule
as follows:
11 CSR 45-5.070 is amended.
A notice of proposed rulemaking containing the text of the proposed
amendment was published in the Missouri Register on December 15,
2015 (40 MoReg 1878–1879). Changes have been made to the text
of the proposed amendment, so it is reprinted here. This proposed
amendment becomes effective thirty (30) days after publication in the
Code of State Regulations.
SUMMARY OF COMMENTS: A public hearing was held on this
proposed amendment on January 20, 2016. Two (2) people attended
the public hearing. Michael Gold submitted written comments by
mail; he also provided oral comments at the public hearing. One (1)
comment was also received from an MGC staff member.
Comments #1–6 were provided both orally and written. Comments
#7–8 were provided orally at the public hearing. Comment # 9 was
provided by an MGC staff member.
COMMENT #1: Mr. Gold suggested the language be changed to
require the payout percentage signs to be posted at each entrance to
the gaming floor instead of at one (1) entrance.
RESPONSE AND EXPLANATION OF CHANGE: The commis-
sion agrees with the suggestion and made the requested change.
COMMENT #2: Mr. Gold suggested the language be changed to
require the payout percentage signs to be posted at each cage, instead
of at the main cashier cage.
RESPONSE AND EXPLANATION OF CHANGE: The commis-
sion agrees with the suggestion and revised the language to require
the sign to be displayed at each cage that redeems tickets.
COMMENT #3: Mr. Gold suggested the rule should include a
detailed description of the location, size, shape, color of the back-
ground, font type, font size, font color, and that the font color must
be sharply contrasting to the display background color on the payout
percentage display signs. He also suggested the rule should describe
the manner in which the payout percentage sign shall be displayed
(hung, mounted, or freestanding). He stated that by adding the
descriptions, the subjectivity of the word “conspicuously” could be
eliminated or reduced.
RESPONSE: Commission staff believes the language of the proposed
rule and the changes made in response to other comments are suffi-
cient to ensure that the signs will be clearly visible to patrons. No
changes have been made to the proposed amendment as a result of
this comment.
COMMENT #4: Mr. Gold noted the proposed language did not
include a schedule for the Missouri Gaming Commission to inspect
the signs, a schedule of penalties when a casino fails to comply with
11 CSR 45-5.070, and the procedure by which compliance or non-
compliance would be determined by the Missouri Gaming
Commission. He included examples and photographs of payout per-
centage signs.
RESPONSE: The purpose of the regulations is to set out standards
for the Class B Licensee when conducting business in the State of
Missouri. MGC is tasked with monitoring compliance, enforcing the
regulations, and administering disciplinary action when appropriate.
Making the suggested changes would eliminate the discretion afford-
ed the commission in carrying out its duties. No changes have been
made to the proposed amendment as a result of this comment.
COMMENT #5: Mr. Gold suggested the rule be changed to require
the casinos to post the slot hold for one (1) cent machines and the
aggregate slot hold for all other denominations of slot machines,
instead of the aggregate payout percentage for all slot machines. He
reasoned this would draw attention to the fact that the hold on one
(1) cent machines is typically twice the aggregate hold of the other
denominations of slot machines. He also noted he believes patrons
have a better understanding of the “hold percentage” rather than the
“payout percentage.” He submitted examples illustrating the hold and
payout percentage for each denomination of slot machines for casinos
in Missouri.
RESPONSE: The commission believes patrons better understand the
meaning of the term “payout percentage” because it is self-explana-
tory and is the term most commonly used, whereas the term “hold
percentage” is more of an industry term used by casino management.
Additionally, the use of the term “payout percentage” is consistent
with other gaming statutes and regulations. No changes have been
made to the proposed amendment as a result of this comment.
Page 632 Orders of Rulemaking
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