SB 891

4253S.02C
  SENATE COMMITTEE SUBSTITUTE
  FOR
  SENATE BILLS NOS. 891 & 877
  AN ACT
  To repeal section 536.016, RSMo, and to enact in lieu
  thereof four new sections relating to administrative
  rules.
Be it enacted by the General Assembly of the State of Missouri, as follows:
  Section A.      Section 536.016, RSMo, is repealed and four
   new sections enacted in lieu thereof, to be known as sections
   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
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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.
    536.180.   1. Any state agency filing a notice of
proposed rulemaking, as required by section 536.021, wherein
the adoption, amendment, or rescission of the rule would
require or result in an expenditure of public funds by that
agency, any other state agency, or any political subdivision
of the state in excess of two hundred fifty thousand dollars
per year, or would require or result in an expenditure of
money by or a reduction in income for individuals or
businesses in excess of two hundred fifty thousand dollars
per year shall, in addition to the requirements of section
536.200, file notification with the joint committee on
administrative rules of such proposed rule.    The committee
may hold hearings on any proposed rule or portion thereof at
any time.
    2. Any proposed rule subject to the provisions of this
section shall not be subject to section 536.021 and shall
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not become effective until the provisions of this section
have been satisfied.
     3. A proposed rule subject to the provisions of this
section shall not become effective unless and until the
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.
     4. 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.     If such concurrent
resolution is adopted and signed by the governor or
otherwise reconsidered under Article III, Section 32 of the
Missouri Constitution, the secretary of state shall publish
in the Missouri register, as soon as practicable, the order
of rulemaking along with notice of the proposed rules or
portions thereof that were approved by the general assembly.
     5. Except for rules adopted pursuant to section
536.025 or required to be adopted to conform with federal
law or for federal funding, any proposed rule shall be null,
void, and unenforceable unless made in accordance with the
provisions of this section.
     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
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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.
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