Read the full stored bill text
SECOND REGULAR SESSION
HOUSE BILL NO. 2406
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE LOY .
6084H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 536, RSMo, by adding thereto two new sections 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 two new sections, to be
2 known as sections 536.180 and 536.185, to read as follows:
536.180. 1. Any state agency filing a notice of prop osed rulemaking, as r equir ed
2 by section 536.021, wher ein the adoption, amendment, or res cission of the rule would, as
3 determined by the fiscal note requ ired under this chapter , req uire or res ult in an
4 expenditur e of public funds by that agency , any other state agency , or any political
5 subdivision of the state in excess of two hundr ed fifty thousand dollars per year , or
6 would requ ire or res ult in an expenditure of money by or a red uction in income for
7 individuals or businesses in excess of two hundr ed fifty thousand dollars per year shall,
8 in addition to the r equir ements of section 536.200, file notification with the joint
9 committee on administrative rules of such prop osed rule. The committee may hold
10 hearings on any pr oposed rule or portion ther eof at any time. A final order of
11 rulemaking shall not be filed with the secr etary of state until at least thirty days after
12 such final order of rulemaking has been receiv ed by the committee.
13 2. Any prop osed rule subject to the provi sions of this section shall not be subject
14 to section 536.021 and shall not become effective until the pr ovisions of this section have
15 been satisfied.
16 3. A prop osed rule subject to the prov isions of this section shall not become
17 effective unless and until the general assembly adopts a concurr ent res olution in
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.
18 accordance with the pr ovisions of Article IV , Section 8 of the Missouri Constitution to
19 appr ove such pr oposed rule.
20 4. Upon adoption of such concurr ent r esolution as prov ided in subsection 3 of
21 this section, the secr etary of state shall not publish the order of rulemaking until the
22 expiration of time necessary for such r esolution to be signed by the governor or vetoed
23 and subsequently acted upon by the general assembly as pr ovided in Article III, Section
24 32 of the Missouri Constitution. If such concurr ent res olution is adopted and signed by
25 the governor or otherwise reconsid ered under Article III, Section 32 of the Missouri
26 Constitution, the secr etary of state shall publish in the Missouri register , as soon as
27 practicable, the order of rulemaking along with notice of the pro posed rules or portions
28 ther eof that were appr oved by the general assembly .
29 5. Except for rules adopted pursuant to section 536.025 or requi red to be
30 adopted to conform with federal law or for federal funding, any pr oposed rule shall be
31 null, void, and unenfor ceable unless made in accordance with the provi sions of this
32 section.
536.185. A state agency shall not file any notice of pr oposed rulemaking with the
2 secr etary of state without first receiv ing fr om and including a copy of the written
3 appr oval by the governor .
✔
HB 2406 2