SB 891 — Modifies provisions relating to the administrative rules process

SECOND4253S.02C REGULARSENATE SESSIONCOMMITTEE SUBSTITUTE FOR SENATE BILLNO.BILLS NOS.

891 103RD& GENERALASSEMBLY877 INTRODUCEDAN BYACT SENATORTo COLEMAN.repeal section 536.016, RSMo, and to enact in lieu thereof four new sections relating to administrative rules.

4253S.01I KRISTINAMARTIN, Secretary ANACT To amend chapter 536, RSMo, by adding thereto one new section relating to administrative rules.

ChapterSection 536,536.016, RSMo, is amendedrepealed byand addingfour theretonew onesections newenacted section,in lieu thereof, to be known as sectionsections 536.016, 536.180, 536.185, and 536.340, to read as follows:

536.016.

1.

Any state agency shall propose rules based upon substantial evidence on the record and a finding by the agency that the rule is specifically authorized by a statute and necessary to carry out the purposes of the statute that granted such rulemaking authority.

A state agency shall not rely on a general grant of rulemaking authority to supplement a specific grant of rulemaking authority and shall not rely on a specific grant of rulemaking authority to adopt a rule that exceeds or expands the subject matter expressly authorized in the statute granting such authority.

2.

Each state agency shall adopt procedures by which it will determine whether a rule is necessary to carry out the purposes of the statute authorizing the rule.

Such criteria and rulemaking shall be based upon reasonably available empirical data and shall include an assessment of the effectiveness and the cost of rules both to the state and to any private or public person or entity affected by such rules.

3.

Each state agency shall make publicly available proposed rules on the home page of its official internet website by providing a hyperlink entitled "proposed rules".

This hyperlink shall grant access to an internet page which shall provide the following information for each proposed rule within one business day of when such rule is published in the Missouri Register:

(1) The text of the proposed rule as filed with the secretary of state pursuant to section 536.021, including any fiscal notes;

(2) A summary which shall be a concise statement not exceeding one hundred words using language neither intentionally argumentative nor likely to create prejudice either for or against the proposed rule;

and (3) A direct hyperlink to the full text of the proposed rule located in the Missouri Register and all material incorporated by reference on the secretary of state's website.

The committee may hold hearings on any proposed rule or portion thereof at any time.

A proposed rule subject to the provisions of this section shall not become effective unless and until the SB 891 2 general assembly adopts a concurrent resolution in accordance with the provisions of Article IV, Section 8 of the Missouri Constitution to approve such proposed rule.

Upon adoption of such concurrent resolution as provided in subsection 3 of this section, the secretary of state shall not publish the order of rulemaking until the expiration of time necessary for such resolution to be signed by the governor or vetoed and subsequently acted upon by the general assembly as provided in Article III, Section 32 of the Missouri Constitution.

536.185.

A state agency shall not file any notice of proposed rulemaking with the secretary of state without first receiving from and including a copy of the written approval by the governor.

536.340.

1.

As used in this section, the term "substantive policy statement" shall mean a written expression that informs the public of a state agency's current interpretation of, or opinion concerning, the requirements of the federal or Missouri constitution, a federal or state statute, an administrative rule or regulation, or a final judgment of a court of competent jurisdiction.

The term shall include the state agency's current practice, procedure, or method of action based on that interpretation or opinion.

2.

A state agency shall post all substantive policy statements on its publicly accessible website and maintain a complete and current record of such statements for public inspection.