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SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 1641
103RD GENERAL ASSEMBL Y
4844H.02C JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 536, RSMo, by adding thereto one new section relating to administrative
rules.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 536, RSMo, is amended by adding thereto one new section, to be
2 known as section 536.190, to read as follows:
536.190. 1. The req uirements of this section shall be in addition to other duties
2 and res ponsibilities of the joint committee on administrative rules described in this
3 chapter .
4 2. The committee shall have authority to:
5 (1) Review and evaluate any rule, regul ation, guidance document, pr ogram
6 manual, policy , specification, or dir ective issued, adopted, implemented, or enforced by
7 any state agency or department whether curr ently in effect, previo usly in effect,
8 suspended, withdrawn, or superseded, and whether formally promul gated under
9 chapter 536, that has or purports to have general applicability or binding effect upon
10 persons, political subdivisions, or entities outside the agency;
11 (2) Determine whether any action constitutes a rule within the meaning of
12 section 536.010 or exceeds the scope of statutory authority;
13 (3) Require agencies to pr oduce documents, data, or witnesses necessary for the
14 committee's r eview and issue subpoenas for the compulsory attendance of witnesses,
15 including agency dir ectors, officers, and employees, and for the pro duction of papers,
16 r ecords, and other evidence rel evant to matters within its jurisdiction;
17 (4) Administer oaths and affirmations to witnesses appearing before the
18 committee; and
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
19 (5) Refer matters of noncompliance, obstruction, or false testimony to the
20 appr opriate pr osecuting authority or to the ethics commissions of the res pective
21 chambers.
22 3. For the purposes of subdivision (1) of subsection 2 of this section, the
23 committee may initiate such rev iews on its own motion, at the req uest of a member of
24 the general assembly , or upon a requ est fr om an affected person or entity and may , as
25 part of its investigation, determine the validity , intent, consistency , and practical or
26 fiscal impact of such agency actions and conduct audits or investigations to determine
27 whether implementation or enforc ement exceeds statutory authority , conflicts with
28 legislative intent, or imposes unauthorized burdens.
29 4. The committee, upon a majority vote, may issue a notice of noncompliance for
30 rules, policies, or dire ctives that exceed statutory authority , should have been
31 pr omulgated under chapter 536, or have unapprov ed fiscal or economic impacts
32 exceeding two hundred fifty thousand dollars annually . The notice shall be transmitted
33 to the adopting agency and the agency shall have thirty days to res pond in writing
34 indicating corr ective action or justification.
35 5. Each state department shall, within ten days of issuance, file with the
36 committee a notice of any guidance document, dir ective, specification, or policy of
37 general applicability not promul gated as a rule under chapter 536.
38 6. The committee may employ counsel, investigators, and technical staff as
39 necessary to carry out its duties under this section, subject to appr opriation.
40 7. The committee shall submit an annual r eport to the general assembly listing:
41 (1) Each rule or policy reviewe d;
42 (2) Findings of compliance or noncompliance;
43 (3) Agency res ponses; and
44 (4) Any correct ive actions taken.
45 8. Reports issued under this section and an agency's compliance with the
46 pr ovisions of this section shall be consider ed by all standing committees of the house of
47 r epresent atives and the senate during the appr opriations pro cess and when acting on
48 any legislative matters relat ing to the agency .
✔
HCS HB 1641 2